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HOME BUILDERS LEAGUE, ETC. v. EVESHAM TP.

174 N.J. Super. 252 (1980)

HOME BUILDERS LEAGUE OF SOUTH JERSEY, INCORPORATED, A NEW JERSEY NON-PROFIT CORPORATION, GREENTREE VILLAGE, INC., A NEW JERSEY CORPORATION, MAX ODLEN, AN INDIVIDUAL, U.S. HOME — PAPARONE DIVISION, A DELAWARE CORPORATION QUALIFIED TO DO BUSINESS IN NEW JERSEY, STARNELL COMPANY, A NEW JERSEY LIMITED PARTNERSHIP, ORLEANS BUILDERS AND DEVELOPERS, A PENNSYLVANIA LIMITED PARTNERSHIP QUALIFIED TO DO BUSINESS IN NEW JERSEY, KIHADE BUILDERS, INC., A NEW JERSEY CORPORATION, AND JOE BRICKETTO, INC., A NEW JERSEY CORPORATION, PLAINTIFFS, v. TOWNSHIP OF EVESHAM, A MUNICIPAL CORPORATION OF THE STATE OF NEW JERSEY, EDGAR MACY, EVESHAM TOWNSHIP CONSTRUCTION OFFICIAL, AND CHARLES P. BALCZUN, TOWNSHIP MANAGER, DEFENDANTS.

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

Decided April 25, 1980.

Attorney(s) appearing for the Case

Robert M. Washburn for plaintiffs.

William S. Ruggierio for defendants (Ruggierio and Freeman, attorneys).

GOTTLIEB, J.J.D.R.C. (temporarily assigned).

This action questions the validity of two municipal ordinances which, in relevant part, require that an applicant for a construction permit or a certificate of occupancy show that all real estate taxes on the property for which the permit or certificate is sought are current before the permit or certificate will be issued.

In April 1977 defendant township enacted Ordinance 11-4-77, which requires that (a) an applicant...

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