TROY LTD. v. RENNA

Nos. 83-5077, 83-5097.

727 F.2d 287 (1984)

TROY LTD., a limited partnership, and East Coast Condo Tech, Inc., a corporation v. John P. RENNA, as Commissioner of New Jersey Department of Community Affairs, James R. Zazzali, New Jersey Attorney General, Beatrice Cohen, Yetta Brody and Elsie Ades, individually and as Class Representatives. Appeal of John P. RENNA, Commissioner of the New Jersey Department of Community Affairs and Irwin I. Kimmelman, Attorney General of New Jersey, in No. 83-5077. Appeal of Beatrice COHEN, Yetta Brody, and Elsie Ades in No. 83-5097.

United States Court of Appeals, Third Circuit.

Decided January 30, 1984.


Attorney(s) appearing for the Case

Morris M. Schnitzer (argued), Newark, N.J., for Troy Ltd., John Kings, Milton Snyder, Morton Weinberg and Stephen Forman.

Stephen R. Spector (argued), Glock & Spector, P.C., Teaneck, N.J., for East Coast Condo Tech, Inc.

Thomas Greelish, Acting Atty. Gen. of N.J., Robert Jaworski (argued), Asst. Atty. Gen. of N.J., Trenton, N.J., James J. Ciancia, Asst. Atty. Gen., Trenton, N.J., Of Counsel, Dennis R. Casale, Deputy Atty. Gen., Trenton, N.J., on the Brief, for John P. Renna and Irwin I. Kimmelman.

Joseph H. Rodriguez, Public Advocate, Dept. of the Public Advocate, Kenneth E. Meiser (argued), Deputy Director, Division of Public Interest Advocacy, Trenton, N.J., for Beatrice Cohen, Yetta Brody and Elsie Ades.

Robert Abrams, Atty. Gen. of the State of New York, R. Scott Greathead, Asst. Atty. Gen. in Charge Real Estate Financing Bureau, Harvey J. Golubock, Lawrence G. Albrecht, Asst. Attys. Gen., New York City, for amicus curiae, The State of New York.

Before GIBBONS and SLOVITER, Circuit Judges, and GREEN, District Judge.


OPINION OF THE COURT

GIBBONS, Circuit Judge:

These are appeals, pursuant to 28 U.S.C. § 1292(b) (1976), from an order granting partial summary judgment, 580 F.Supp. 69, declaring that section 14 of the New Jersey Senior Citizens and Disabled Protected Tenancy Act, 1981 N.J.Laws ch. 226, § 14 (codified at N.J.Stat.Ann. § 2A:18-61.11(d) (West Supp.1983)) (hereafter...

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