TOWNSHIP OF EDISON v. COLEMAN


239 N.J. Super. 301 (1990)

571 A.2d 312

THE TOWNSHIP OF EDISON, PLAINTIFF-APPELLANT, v. LEONARD S. COLEMAN, JR., COMMISSIONER, NEW JERSEY DEPARTMENT OF COMMUNITY AFFAIRS, AND DENNIS WARFORD, SUPERVISOR, BUREAU OF REGULATORY AFFAIRS, DEFENDANTS-RESPONDENTS. LEONARD S. COLEMAN, JR., COMMISSIONER OF THE DEPARTMENT OF COMMUNITY AFFAIRS, BUREAU OF REGULATORY AFFAIRS, STATE OF NEW JERSEY, PLAINTIFF-RESPONDENT, v. THE TOWNSHIP OF EDISON AND ALBERT RAINFORD, CONSTRUCTION OFFICIAL IN HIS OFFICIAL CAPACITY, DEFENDANTS-APPELLANTS. IN THE MATTER OF THE DEPARTMENT OF COMMUNITY AFFAIRS ORDER OF JUNE 9, 1988. IN THE MATTER OF ASPEN AT EDISON AND EDISON GLEN CONDOMINIUM, DEPARTMENT OF COMMUNITY AFFAIRS ORDER DATED JUNE 9, 1988. IN THE MATTER OF EDISON TOWNSHIP, DEPARTMENT OF COMMUNITY AFFAIRS ORDER OF AUGUST 30, 1988.

Superior Court of New Jersey, Appellate Division.

Decided March 9, 1990.


Attorney(s) appearing for the Case

Paul A. Massaro argued the cause for appellant Albert Rainford.

Peter A. DeSarno argued the cause for appellant Township of Edison.

John Chernoski, Deputy Attorney General, argued the cause for respondent Department of Community Affairs (Robert J. Del Tufo, Attorney General; Mary C. Jacobson, Deputy Attorney General, of counsel; Diane M. Verlangieri, Deputy Attorney General, on the brief).

Before Judges J.H. COLEMAN, MUIR, Jr. and SKILLMAN.


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

The parties to these seven consolidated appeals are public agencies and officials with statutory responsibilities for the enforcement of the Uniform Construction Code (the Code), N.J.S.A. 52:27D-119 et seq. Appellant Edison Township is a local enforcing agency and appellant Rainford is Edison's construction official. See N.J.S.A. 52:27D-126. Respondent Department of Community Affairs ...

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