BOROUGH OF MORRIS PLAINS, TOWNSHIP OF BOONTON, TOWNSHIP OF CHATHAM, TOWNSHIP OF CHESTER, TOWNSHIP OF DENVILLE, TOWNSHIP OF EAST HANOVER, TOWNSHIP OF HANOVER, TOWNSHIP OF JEFFERSON, BOROUGH OF KINNELON, BOROUGH OF LINCOLN PARK, BOROUGH OF MENDHAM, TOWNSHIP OF MENDHAM, TOWNSHIP OF MONTVILLE, TOWNSHIP OF MORRIS, BOROUGH OF MOUNTAIN LAKES, TOWNSHIP OF PARSIPPANY-TROY HILLS, TOWNSHIP OF PASSAIC, TOWNSHIP OF PEQUANNOCK, TOWNSHIP OF RANDOLPH, BOROUGH OF RIVERDALE, TOWNSHIP OF ROCKAWAY, AND TOWNSHIP OF ROXBURY, APPELLANTS,
v.
DEPARTMENT OF THE PUBLIC ADVOCATE, STATE OF NEW JERSEY, RESPONDENT.
Superior Court of New Jersey, Appellate Division.https://leagle.com/images/logo.png
Argued May 16, 1979.
Decided July 10, 1979.
Attorney(s) appearing for the Case
Mr. John J. Harper argued the cause for appellants (Messrs. Harper & O'Brien, attorneys; Mr. Harper and Mr. Stephan C. Hansbury on the brief).
Mr. Arthur Penn, Assistant Commissioner, Department of the Public Advocate, argued the cause for respondent (Mr. Stanley C. Van Ness, Public Advocate, attorney; Mr. Penn on the brief and supplemental letter brief; Mr. Kenneth E. Meiser, Assistant Deputy Public Advocate, on the letter brief).
Mr. Nathaniel F. Bedford, Boonton Township Attorney, filed a statement in lieu of brief on behalf of appellant Township of Boonton.
Mr. Joel A. Murphy filed a statement in lieu of brief on behalf of the Borough of Florham Park (Messrs. Murphy and Kurnos, attorneys).
Mr. Lawrence D. Katz filed a statement in lieu of brief on behalf of appellant Borough of Lincoln Park (Messrs. Scangarella and Feeney, attorneys).
Mr. John R. Miller filed statements in lieu of briefs on behalf of appellants Township of Chatham and Township of Mendham (Messrs. Miller, Engel, Peer & Leonardson, attorneys).
Mr. Bernard P. Bacchetta filed a statement in lieu of brief on behalf of appellant Township of Pequannock (Mr. Karl Z. Sosland, attorney).
Mr. Frederic J. Sirota filed a statement in lieu of brief on behalf of appellant Township of Rockaway (Messrs. Wiley, Malehorn and Sirota, attorneys).
Before Judges MATTHEWS, KOLE and MILMED.
Superior Court of New Jersey, Appellate Division.
The opinion of the court was delivered by MILMED, J.A.D.
The single issue in these consolidated appeals is the propriety of the Public Advocate's decision to institute suit on behalf of himself, the Morris County Fair Housing Council and the Morris County Branch of the National Association for the Advancement of Colored People, as plaintiffs, against 27 Morris County municipalities challenging the legality of their land use plans and ordinances and seeking, among...
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