OCEAN CTY. REALTOR BD. v. BEACHWOOD BOR.


248 N.J. Super. 241 (1991)

590 A.2d 736

OCEAN COUNTY BOARD OF REALTORS, DIANE RHINE, WILLIAM BUCKLEY AND TOM LEWIS, PLAINTIFFS, v. BOROUGH OF BEACHWOOD, BOROUGH OF ISLAND HEIGHTS, AND TOWNSHIP OF LONG BEACH, DEFENDANTS.

Superior Court of New Jersey, Law Division Ocean County.

Decided April 2, 1991.


Attorney(s) appearing for the Case

Thomas P. Butz for plaintiffs (Schuman, Butz, Bezdecki & Scalia, attorneys).

Brian E. Rumpf for defendant Borough of Beachwood (Hiering, Hoffman & Gannon, attorneys).

Charles W. Hutchinson, Jr. for defendant Borough of Island Heights (Gilmore & Monahan, attorneys).

Eric J. Miller for defendant Township of Long Beach (Shackleton, Hazeltine & Bishop, attorneys).


SERPENTELLI, A.J.S.C.

Can municipalities condition the issuance of a certificate of occupancy for residential resales on the payment of municipal real estate taxes and water and sewer charges which are due or delinquent at the time of the application for the certificate? Ordinances adopted by the three defendant municipalities mandate those payments.

Plaintiffs charge that defendants lack authority to impose this requirement. Defendants have moved for summary...

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