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WHS REALTY v. TOWN OF MORRISTOWN

283 N.J. Super. 139 (1995)

661 A.2d 320

WHS REALTY COMPANY, A NEW JERSEY GENERAL PARTNERSHIP, PLAINTIFF-RESPONDENT, v. THE TOWN OF MORRISTOWN; MAYOR AND TOWN COUNCIL OF THE TOWN OF MORRISTOWN; TOWN OF MORRISTOWN HEALTH DEPARTMENT; TOWN OF MORRISTOWN PUBLIC WORKS DEPARTMENT, DEFENDANTS-APPELLANTS.

Superior Court of New Jersey, Appellate Division.

Decided July 10, 1995.

Attorney(s) appearing for the Case

Herbert A. Vogel, argued the cause for appellants (Vogel, Chait, Schwartz & Collins, attorneys; Mr. Vogel and Laura J. Lande on the brief).

Gary D. Gordon, argued the cause for respondent (Feinstein, Raiss & Kelin, attorneys; Mr. Gordon on the brief).

Before PETRELLA, HAVEY and BROCHIN, JJ.

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

By leave granted, defendants Township of Morristown, its Mayor and Town Council and its Health and Public Works Departments, appeal from a partial summary judgment declaring a portion of the Township's garbage collection ordinance unconstitutional. We affirm.

The Township's ordinance provides for the collection of garbage from single-family residences, apartment complexes having less than four units and...

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