HAMPSHIRE HOUSE SPONSOR CORP. v. BOROUGH OF FORT LEE


172 N.J. Super. 426 (1979)

412 A.2d 816

HAMPSHIRE HOUSE SPONSOR CORP., A NEW JERSEY CORPORATION; MEDITERRANEAN INVESTMENTS, INC., A NEW JERSEY CORPORATION; AND 234 CONDO SPONSOR CORP., A NEW JERSEY CORPORATION, PLAINTIFFS, v. BOROUGH OF FORT LEE, A MUNICIPAL CORPORATION OF THE STATE OF NEW JERSEY AND MAYOR AND COUNCIL OF THE BOROUGH OF FORT LEE, DEFENDANTS. CENTRAL TOWERS COMPANY, A NEW JERSEY LIMITED PARTNERSHIP, T/A NORTHBRIDGE PARK; AND NORTHBRIDGE PARK CO-OP, INC., A NEW JERSEY CORPORATION, PLAINTIFFS, v. THE BOROUGH OF FORT LEE, DEFENDANT, AND NORTHBRIDGE TENANTS ASSOCIATION, INTERVENORS. DEAUVILLE TOWERS, A NEW JERSEY LIMITED PARTNERSHIP, PLAINTIFF, v. THE BOROUGH OF FORT LEE, DEFENDANT. IMPERIAL ASSOCIATES LTD., A NEW JERSEY LIMITED PARTNERSHIP, PLAINTIFFS, v. BOROUGH OF FORT LEE, A MUNICIPAL CORPORATION OF THE STATE OF NEW JERSEY AND MAYOR AND COUNCIL OF THE BOROUGH OF FORT LEE, DEFENDANTS.

Superior Court of New Jersey, Law Division — Bergen County.

Decided December 20, 1979.


Attorney(s) appearing for the Case

James D. Demetrakis for plaintiffs Mediterranean Investments, Inc. and 234 Condo Sponsor Corp.

David Carmel for plaintiff Hampshire House Sponsor Corp.

Kenneth H. Mack for plaintiffs Central Towers Company and Northbridge Park Co-op. Inc. (Greenstone & Sokol, attorneys).

Stephen R. Spector for plaintiff Deauville Towers (Glock & Spector, attorneys).

William C. Rindone, Jr. for plaintiff Imperial Associates Ltd. (Liebowitz, Liebowitz & Clark, attorneys).

Joel M. Ellis for defendant Borough of Fort Lee (Murphy, Ellis & McBride, attorneys).

William Goldberg for intervenors Northbridge Tenants Association.


SMITH, J.S.C.

The question raised by this litigation is whether New Jersey municipalities have authority to regulate conversion of residential rental units into condominiums or cooperatives. Because exclusive jurisdiction to act in this field is vested in the State Legislature, the answer is no.

On November 1, 1979 Fort Lee's governing body adopted Ordinance 79-30 which imposed a moratorium on such conversions. These four unconsolidated cases, instituted by...

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