POMANOWSKI v. MONMOUTH CTY. BD. OF REALTORS


175 N.J. Super. 212 (1980)

417 A.2d 1119

WAYNE C. POMANOWSKI, PLAINTIFF, v. MONMOUTH COUNTY BOARD OF REALTORS, A NEW JERSEY CORPORATION; MONMOUTH COUNTY MULTIPLE LISTING SERVICE; NEW JERSEY ASSOCIATION OF REALTORS; NATIONAL ASSOCIATION OF REALTORS; WILLIAM G. KIRCHER; AND CHARLES DARRAH, DEFENDANTS.

Superior Court of New Jersey, Chancery Division Monmouth County.

Decided June 11, 1980.


Attorney(s) appearing for the Case

Frederick A. Organ for plaintiff (Organ & Strawinski, attorneys).

C. Keith Henderson and Richard H. Mills, for defendants Monmouth County Board of Realtors, Monmouth County Multiple Listing Service, William G. Kircher and Charles Darrah (Lautman, Rapson & Henderson, attorneys).

Arthur M. Greenbaum for defendant amicus curiae New Jersey Association of Realtors (Greenbaum, Greenbaum, Rowe & Smith, attorneys).


YACCARINO, J.S.C.

This case addresses the question of whether the requirement that a real estate broker join local, state and national realtor boards before he may have access to a multiple listing service violates the New Jersey Antitrust Act, N.J.S.A. 56:9-1 et seq. On a motion for summary judgment this court, applying the rule of reason analysis, determined that such a restriction does create an unlawful restraint of trade, 152...

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