SO. HAMILTON ASSOC. v. MAYOR & COUN. OF MORRISTOWN


99 N.J. 437 (1985)

493 A.2d 523

SOUTH HAMILTON ASSOCIATES, A PARTNERSHIP OF THE STATE OF NEW JERSEY, PLAINTIFF-RESPONDENT, v. MAYOR AND COUNCIL OF THE TOWN OF MORRISTOWN AND THE BOARD OF RENT LEVELING OF THE TOWN OF MORRISTOWN, DEFENDANTS-APPELLANTS.

The Supreme Court of New Jersey.

Decided June 17, 1985.


Attorney(s) appearing for the Case

Edward A. Berman argued the cause for appellants (Wacks, Hersh, Ramsey, Berman & Kimmel, attorneys; Sheila M. Hagerty, on the brief).

Michael Pesce argued the cause for respondent (Brach, Eichler, Rosenberg, Silver, Bernstein, Hammer & Gladstone, attorneys; Michael Pesce and Alan R. Hammer, of counsel).


The opinion of the Court was delivered by GARIBALDI, J.

The issue here is whether a municipality may correct a defective ordinance by retroactively enacting another ordinance that by its terms, interferes with contract rights established during the period between the defective and retroactive ordinances. The Appellate Division held that since there was no rational public purpose to support the retroactive provisions of the...

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