PLAZA JOINT VENTURE v. ATLANTIC CITY


174 N.J. Super. 231 (1980)

416 A.2d 71

PLAZA JOINT VENTURE AND EDWARD CANTOR, PLAINTIFFS-RESPONDENTS, v. CITY OF ATLANTIC CITY, A MUNICIPAL CORPORATION, DEFENDANT-APPELLANT, AND JAMES E. CARMACK, CATHERINE M. CARMACK, HENRY KATZ, BERTHA KATZ, DAVID APFELBAUM AND ADELINE APFELBAUM, DEFENDANTS-INTERVENORS AND APPELLANTS.

Superior Court of New Jersey, Appellate Division.

Decided May 19, 1980.


Attorney(s) appearing for the Case

Matthew H. Powals, City Solicitor, argued the cause for appellant City of Atlantic City.

Arthur Montano argued the cause for intervenors-appellants (Montano, Summers, Mullen and Manuel, attorneys).

Stephen Hankin argued the cause for respondents (Hankin & D'Amato, attorneys).

Decided by Judges BISCHOFF, BOTTER and MORGAN.


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

The issue presented by this appeal is whether the state has preempted the power of the City of Atlantic City to enact "an ordinance regulating the conversion of rental units to condominiums" and declaring a "moratorium on the conversion of any rental unit into a condominium for a period of one year" from passage of the ordinance.

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