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OLD COACH DEVELOPMENT CORP., INC. v. TANZMAN

Civ. A. No. 87-3656 (JCL).

692 F.Supp. 424 (1988)

OLD COACH DEVELOPMENT CORP., INC. and Land's Edge Enterprises, Inc., Plaintiffs, v. Herbert M. TANZMAN, Myles J. Herbert, Robert Klein, Edward Runner, Joseph Panuccio, Charles E. Plumeri, Tom Colitas, and Queen E. James, in their capacities as members of the New Jersey Real Estate Commission, Daryl G. Bell, in his capacity as Executive Director of the New Jersey Real Estate Commission, and James Logan, III, in his capacity as Supervisor of the Bureau of Subdivided Lands Sales Control within the New Jersey Real Estate Commission, Defendants.

United States District Court, D. New Jersey.

August 26, 1988.

Attorney(s) appearing for the Case

Kimmelman, Wolff & Samson by Gage Andretta, Roseland, N.J., for plaintiffs.

W. Cary Edwards, Atty. Gen. of New Jersey, on the brief, Jeffrey A. Bartolino, Deputy Atty. Gen., Trenton, N.J., for defendants.

Nat. Ass'n of Real Estate License Law Officials, on the brief, Donna L. Rice, Asst. Atty. Gen. of Wyoming, Cheyanne, Wyo., Organ & Strawinski by Frederick A. Organ, Consultant, River Vale, N.J., amicus curiae in support of defendants.

OPINION

LIFLAND, District Judge.

The plaintiffs in this action are corporate owners and sellers of subdivided lots of real estate in Pennsylvania. They seek to invalidate the New Jersey Land Sales Full Disclosure Act, N.J.Stat.Ann. §§ 45:15-16.3 et seq. and regulations promulgated under the Act, N.J.Admin.Code §§ 11:5-1.1 et seq., as violative of the Commerce Clause and First and Fourteenth Amendments of the U.S. Constitution...

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