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DORIS MEAD T/A PARK TERRACE APARTMENTS v. BOROUGH OF FORT LEE

170 N.J. Super. 167 (1979)

406 A.2d 177

DORIS MEAD T/A PARK TERRACE APARTMENTS, PLAINTIFF-RESPONDENT AND CROSS APPELLANT, v. BOROUGH OF FORT LEE, MAYOR AND COUNCIL OF THE BOROUGH OF FORT LEE, AND THE RENT LEVELING BOARD OF THE BOROUGH OF FORT LEE, DEFENDANTS-APPELLANTS.

Superior Court of New Jersey, Appellate Division.

Decided August 17, 1979.

Attorney(s) appearing for the Case

Mr. Paul C. Kaufman argued the cause for appellants (Messrs. Kaufman & Rosen, attorneys).

Mr. Arnold D. Litt argued the cause for respondent-cross appellant (Messrs. Rusch & Litt, attorneys).

Before Judges ALLCORN, SEIDMAN and BOTTER.

The opinion of the court was delivered by BOTTER, J.A.D.

The primary issue presented by this appeal is whether the Fort Lee Rent Leveling Board (Board) improperly disallowed depreciation as an expense in calculating the rental income needed to give plaintiff a fair and reasonable return on her investment. In a prerogative writ action to review the Board's determination, the trial judge raised the "hardship increase...

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