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ORANGE TAXPAYERS COUNCIL, INC. v. CITY OF ORANGE

169 N.J. Super. 288 (1979)

404 A.2d 1186

ORANGE TAXPAYERS COUNCIL, INC., A NEW JERSEY CORPORATION, THE TERRACE, INC., A NEW JERSEY CORPORATION, ARTHUR CLAY, ROBERT MAGNUS AND CORA MAGNUS, T/A ORANGE TOWERS, ET AL., PLAINTIFFS-RESPONDENTS, v. CITY OF ORANGE, A MUNICIPAL BODY POLITIC OF THE STATE OF NEW JERSEY, THE RENT LEVELING BOARD OF THE CITY OF ORANGE, EDWARD FERRARI, MARION STEWART, KENNETH CONDON, BEVERLY SAVAGE, RALPH PERRELLA, BRENDA HARRINGTON, ORANGE TENANTS ASSOCIATION, ALSO KNOWN AS "OTA," AND BARBARA DAVIS, DEFENDANTS-APPELLANTS.

Superior Court of New Jersey, Appellate Division.

Decided June 20, 1979.

Attorney(s) appearing for the Case

Mr. David Ben-Asher argued the cause for appellants City of Orange, The Rent Leveling Board of the City of Orange, Edward Ferrari, Marion Stewart, Kenneth Condon, Beverly Savage, Ralph Perrella and Brenda Harrington (Messrs. Baumgart & Ben-Asher, attorneys).

Ms. Joan Pransky argued the cause for appellants Orange Tenants Association and Barbara Davis (Essex-Newark Legal Services Project, attorneys; Messrs. Edward Tetelman, Harris David and Louis Raveson on the brief),

Respondents did not file a brief or appear at oral argument.

Before Judges FRITZ, BISCHOFF and MORGAN.

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

Defendants City of Orange, the Rent Leveling Board of the City of Orange, the Orange Tenants Association and individual tenants appeal, with leave granted, from summary judgment declaring invalid and unenforceable an amendment to the rent leveling ordinance of the City of Orange which (1) repealed the tax surcharge provision thereof and (2) required "substantial compliance" with the Orange property maintenance...

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