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EDGEWATER INV. ASSOCIATES v. BOROUGH OF EDGEWATER

103 N.J. 227 (1986)

510 A.2d 1178

EDGEWATER INVESTMENT ASSOCIATES, A NEW JERSEY PARTNERSHIP, PLAINTIFF-APPELLANT, v. BOROUGH OF EDGEWATER, MARTIN CONNETT, ELIZABETH GARBARINI, ANITA BROWN, HAZEL GROB, EARLE AND BEATRICE FREEMAN, HARRIET WHITMAN, MORTON LESSER, AND LOUIS AND EVA SHARPE, DEFENDANTS-RESPONDENTS, AND THEODORE VARVISOTIS, BLANCHE M. LANDER, GOODMAN SINGER, IRVING EISEN, KAROLYN SIEGEL, SARAH MCCLELLAN, MACKLIN D. ROSEN, JAMES AND HILDA HENDRYX, ADOLPH AND VERA LEITNER, PAUL AND GLORIA BELLA, SIGMUND SCHWARTZ, WALTER AND MARJORIE COHEN, MORTON AND SYLVIA SINGER, AND LESTER ESTERMAN, DEFENDANTS, AND STATE OF NEW JERSEY, INTERVENOR-RESPONDENT.

The Supreme Court of New Jersey.

Decided July 10, 1986.

Attorney(s) appearing for the Case

Raymond R. Wiss argued the cause for appellant (Winne, Banta, Rizzi, Hetherington & Basralian, attorneys; Raymond R. Wiss and Kevin P. Cooke, on the briefs).

Robert T. Regan argued the cause for respondents (McGuire & Regan, attorneys).

Donald M. Palombi, Deputy Attorney General, argued the cause for intervenor-respondent (W. Cary Edwards, Jr., Attorney General of New Jersey, attorney; James J. Ciancia, Assistant Attorney General, of counsel; Robert M. Jaworski, Deputy Attorney General, on the brief).

Susan R. Oxford, Assistant Deputy Public Advocate, argued the cause for amicus curiae, Public Advocate of New Jersey (Alfred A. Slocum, Public Advocate, attorney).

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

This case concerns the constitutionality of the Senior Citizens and Disabled Protected Tenancy Act. N.J.S.A. 2A:18-61.22 to -61.39 (Act). In a well-reasoned opinion, the Appellate Division upheld the statutory scheme in the face of plaintiff's assertion that the Act violated the "takings" and "contract" clauses of the United States and New Jersey Constitutions. 201 N.J.Super. 267

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