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PISCATAWAY TP. v. CONCERNED CITIZENS FOR C.P.A.

200 N.J. Super. 615 (1985)

491 A.2d 1333

TOWNSHIP OF PISCATAWAY, A MUNICIPAL CORPORATION OF THE STATE OF NEW JERSEY, PLAINTIFF-APPELLANT, v. CONCERNED CITIZENS FOR CHRONIC PSYCHIATRIC ADULTS, A NON-PROFIT CORPORATION OF THE STATE OF NEW JERSEY, THE STATE OF NEW JERSEY, AND THE COMMISSIONER OF THE DEPARTMENT OF HUMAN SERVICES OF THE STATE OF NEW JERSEY, DEFENDANTS-RESPONDENTS.

Superior Court of New Jersey, Appellate Division.

Decided May 2, 1985.

Attorney(s) appearing for the Case

Phillip Lewis Paley argued the cause for appellant (Kirsten, Friedman & Cherin, attorneys; Phillip Lewis Paley and Lionel J. Frank, on the brief).

John M. Baron argued the cause for respondent Concerned Citizens for Chronic Psychiatric Adults.

Susan R. Oxford argued the cause for respondents State of New Jersey and the Commissioner of the Department of Human Services (Irwin I. Kimmelman, Attorney General of New Jersey, attorney; James J. Ciancia, Assistant Attorney General, of counsel; Susan R. Oxford, on the brief).

Before Judges KING, DEIGHAN and BILDER.

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

This appeal involves solely a question of statutory interpretation. It seeks to determine whether N.J.S.A. 40:55D-66.2 requires that a community residence for the mentally ill be licensed pursuant to N.J.S.A. 30:11B-1 et seq., an act governing community residences for the mentally retarded and developmentally disabled.

On February 16, 1984, the Department of Human Services (Department...

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