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PROPERTY OWNERS v. MAYOR

264 N.J. Super. 538 (1993)

624 A.2d 1381

PROPERTY OWNERS AND MANAGERS ASSOCIATION; CHARLES KUSHNER T/A PARK LANE VILLAGE, A NEW JERSEY PARTNERSHIP; PARTRIDGE RUN APARTMENTS, INC.; LEON AND EDITH SLUPSKY; JOSEPH KUSHNER, ET ALS., T/A DARTMOUTH VILLAGE APARTMENTS, A NEW JERSEY PARTNERSHIP; COLONIAL HEIGHTS APARTMENTS, A NEW JERSEY PARTNERSHIP; DEERA MANAGEMENT GROUP, L.P.; TROY HILLS VILLAGE, A NEW JERSEY PARTNERSHIP; MUTUAL REAL ESTATE INVESTORS TRUST T/A INTERGROUP CORP.; AND PARTROY ASSOCIATES, A NEW JERSEY PARTNERSHIP, PLAINTIFFS-APPELLANTS, CROSS-RESPONDENTS, v. MAYOR AND TOWN COUNCIL OF PARSIPPANY-TROY HILLS AND TOWNSHIP OF PARSIPPANY-TROY HILLS, DEFENDANT-RESPONDENTS, CROSS-APPELLANTS, AND ATTORNEY GENERAL OF NEW JERSEY, INTERVENOR.

Superior Court of New Jersey, Appellate Division.

Decided May 19, 1993.

Attorney(s) appearing for the Case

Charles X. Gormally argued the cause for appellants, cross-respondents (Brach, Eichler, Rosenberg, Silver, Bernstein, Hammer & Gladstone, attorneys; Mr. Gormally of counsel; Regina A. McGuire on the brief).

John H. Dorsey argued the cause for respondents, cross-appellants (Dorsey and Fisher, attorneys; Mr. Dorsey of counsel; and Frank N. Yurasko on the brief).

Daniel P. Reynolds, Deputy Attorney General, argued the cause for intervenor (Robert J. Del Tufo, Attorney General of New Jersey, attorney; Joseph L. Yannotti, Assistant Attorney General, of counsel; Mr. Reynolds on the brief).

Before Judges J.H. COLEMAN, SHEBELL and ARNOLD M. STEIN.

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

L. 1991, c. 213, § 1, effective July 23, 1991, codified as N.J.S.A. 40:66-1b, gives municipalities discretionary power to limit solid waste collection service to curbside collection along public streets. This legislation further permits municipalities to reimburse property owners who elect not to receive municipal collection service. In this appeal, plaintiffs seek a determination...

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