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RIVKIN v. DOVER TP. RENT LEVELING BD.

143 N.J. 352 (1996)

671 A.2d 567

DAVID RIVKIN, EDWARD RIVKIN, AND JUDITH RIVKIN, T/A GALAXY MANOR, A NEW JERSEY PARTNERSHIP, PLAINTIFFS-APPELLANTS, v. DOVER TOWNSHIP RENT LEVELING BOARD, DEFENDANT-RESPONDENT.

The Supreme Court of New Jersey.

Decided February 29, 1996.

Attorney(s) appearing for the Case

Reuel E. Topas argued the cause for appellants (Levin, Shea, Pfeffer, McMahon and Russell, attorneys).

Courtland T. Babcock, II, argued the cause for respondent (Babcock, Hennes & Bielory, attorneys).

Bruce D. Greenberg argued the cause for amicus curiae Hudson County Taxpayers' Association (Greenbaum, Rowe, Smith, Ravin & Davis, attorneys).

Stuart R. Koenig argued the cause for amici curiae New Jersey State League of Municipalities and New Jersey Institute of Municipal Attorneys (Stickel, Koenig & Sullivan, attorneys).

Margaret B. Carmeli submitted a brief on behalf of amicus curiae The New Jersey Manufactured Housing Association (Giordano, Halleran & Ciesla, attorneys; Paul H. Schneider, of counsel; Ms. Carmeli and Debra J. Rubenstein, on the briefs).

The opinion of the Court was delivered by O'HERN, J.

The question in this appeal is whether a party that has appeared before a local rent leveling board has a claim under the Federal Civil Rights Act, 42 U.S.C. § 1983, for an unconstitutional deprivation of property when a member of the board has acted in a biased manner and the other members of the board did not remove or disqualify the member lacking in impartiality. The question is related to that concerning...

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