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MATTER OF ADOPTION OF N.J.A.C. 5:25A-1.1

266 N.J. Super. 625 (1993)

630 A.2d 383

IN THE MATTER OF THE APPEAL OF ADOPTION OF N.J.A.C. 5:25A-1.1, ET SEQ., BY THE NEW JERSEY DEPARTMENT OF COMMUNITY AFFAIRS, DIVISION OF HOUSING AND DEVELOPMENT.

Superior Court of New Jersey, Appellate Division.

Decided July 30, 1993.

Attorney(s) appearing for the Case

Peter A. Buchsbaum argued the cause on behalf of appellants (Greenbaum, Rowe, Smith, Ravin & Davis, attorneys; Mr. Buchsbaum and Dennis A. Estis, of counsel; Anne S. Peterson and Shirleen A. Roberts, on the brief).

John J. Chernoski, Deputy Attorney General, argued the cause on behalf of the State of New Jersey, Department of Community Affairs (Robert J. Del Tufo, Attorney General, attorney; Joseph L. Yannotti, Assistant Attorney General, of counsel; Martine Cohen-Kutzenco, Deputy Attorney General, on the brief).

Before Judges KING, LANDAU and THOMAS.

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

Appellants are various builders, developers and homeowners. They appeal the adoption of regulations (N.J.A.C. 5:25A-1.1 to -2.10) by respondent Department of Community Affairs (DCA), pursuant to the New Jersey Home Warranty Act, N.J.S.A. 46:3B-1 to -20, which, together, provide the mechanism for establishing damage claims for defective fire retardant plywood (FRT plywood).

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