UPPER DEERFIELD TP. v. SEABROOK


255 N.J. Super. 218 (1992)

604 A.2d 972

UPPER DEERFIELD TOWNSHIP, PLAINTIFF-APPELLANT, v. SEABROOK HOUSING CORPORATION, DEFENDANT-RESPONDENT.

Superior Court of New Jersey, Appellate Division.

Decided March 20, 1992.


Attorney(s) appearing for the Case

Theodore E. Baker argued the cause for the appellant (Lummis, Fisher, Krell & Baker, attorneys; Marian E. Haag, on the brief).

Isabella A. Garofola argued the cause for the respondent (Adler, Neski, Johnson & Garofola, attorneys).

Before Judges BILDER, STERN and KEEFE.


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

The issue to be decided is whether an ordinance requiring the seller of land containing a structure to obtain a certificate of occupancy prior to sale regardless of its intended use by the prospective buyer is invalid as applied to defendant Seabrook Housing Corporation (Seabrook). We hold that it is and affirm the dismissal of the municipal court complaint against Seabrook.

The facts are not disputed...

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