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J.P. PROPERTIES, INC. v. MACY

183 N.J. Super. 572 (1982)

444 A.2d 1131

J.P. PROPERTIES, INC., PLAINTIFF, v. EDGAR J. MACY, JR., CONSTRUCTION OFFICIAL OF TOWNSHIP OF EVESHAM, AND CHARLES P. BALCZUN, MANAGER OF THE TOWNSHIP OF EVESHAM, DEFENDANTS, v. THE BUREAU OF CONSTRUCTION CODE ENFORCEMENT, DIVISION OF HOUSING, DEPARTMENT OF COMMUNITY AFFAIRS, STATE OF NEW JERSEY; QUILL CORP., JOHN PASQUARELLA, MARK MOORE AND MARLBORO HOME BUILDERS, INC., DEFENDANTS.

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

Decided February 19, 1982.

Attorney(s) appearing for the Case

John O. Sitzler for J.P. Properties (Mathews, Sitzler, Weishoff & Sitzler, attorneys).

Stephen L. Ellsworth for Edgar J. Macy, Jr.

William S. Ruggerio for Township of Evesham (Ruggerio & Freeman, attorneys).

Steven Sacharow for Charles P. Balczun (Wizmur & Sacharow, attorneys).

Peter E. Markens, Deputy Attorney General for State of New Jersey (John J. Degnan, Attorney General of New Jersey).

HAINES, A.J.S.C.

This is a declaratory judgment action. In question is the authority of the Evesham Township Manager, Charles P. Balczum, over the Township Construction Official, Edgar J. Macy, Jr. Balczun was appointed pursuant to the provision of the Faulkner Act, N.J.S.A. 40:69A-1 et seq., Macy under the Uniform Construction Code Act, N.J.S.A. 52:27D-119 et seq. The issues have not been addressed in any reported decision. The township...

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