PROWITZ v. RIDGEFIELD PARK VILLAGE


237 N.J. Super. 435 (1989)

568 A.2d 114

WAYNE PROWITZ, PLAINTIFF-APPELLANT, v. RIDGEFIELD PARK VILLAGE, DEFENDANT-RESPONDENT. KATHLEEN DUNLEAVY, PLAINTIFF-APPELLANT, v. RIDGEFIELD PARK VILLAGE, DEFENDANT-RESPONDENT.

Superior Court of New Jersey, Appellate Division.

Decided December 27, 1989.


Attorney(s) appearing for the Case

Brian T. Campion argued the cause for appellants (Hartmann, Brooks & VanDam, attorneys).

Martin T. Durkin argued the cause for respondent (Durkin & Boggia, attorneys).

Alfred A. Slocum, Public Advocate, attorney for Amicus Curiae The Public Advocate of New Jersey (Stephen Eisdorfer, Assistant Deputy Public Advocate, on the brief).

Peter N. Perretti, Jr., Attorney General of New Jersey, attorney for Amicus Curiae State of New Jersey, Council on Affordable Housing (Michael R. Clancy, Assistant Attorney General, of counsel; Donald M. Palombi, Deputy Attorney General, on the brief).

John M. Payne, attorney for Amicus Curiae Alliance for Affordable Housing.

Sherman, Silverstein & Kohl, attorneys for Amicus Curiae Institute of Multi-Family Housing of New Jersey, Inc. (Robert M. Washburn, of counsel and on the brief).

Greenbaum, Rowe, Smith, Ravin, Davis & Bergstein, attorneys for Amicus Curiae Hovnanian Enterprises, Inc. (Douglas K. Wolfson and Peter J. Zipp, on the brief).

Vaida & Vaida, attorneys for Amicus Curiae New Jersey State League of Municipalities and New Jersey Institute of Municipal Attorneys (David Vaida and Frederick G. Stickel, III, on the brief).

Before Judges PRESSLER, LONG and GRUCCIO.


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

The issue raised by these consolidated taxpayers' appeals from judgments of the Tax Court is whether the local real property assessment of a single-family residential unit that constitutes part of a municipality's "official" affordable housing stock must take into account a deed restriction which, in order to ensure the unit's continuing status as affordable...

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