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BUILDERS LEAGUE v. PINE HILL

286 N.J. Super. 348 (1996)

669 A.2d 279

BUILDERS LEAGUE OF SOUTH JERSEY, INC., A NEW JERSEY NON-PROFIT CORPORATION, PLAINTIFF-RESPONDENT, v. BOROUGH OF PINE HILL, IN THE COUNTY OF CAMDEN, A MUNICIPAL CORPORATION OF THE STATE OF NEW JERSEY, AND THE MAYOR AND BOROUGH COUNCIL OF THE BOROUGH OF PINE HILL, DEFENDANTS-APPELLANTS.

Superior Court of New Jersey, Appellate Division.

Decided January 9, 1996.

Attorney(s) appearing for the Case

John Philip Maroccia, Municipal Attorney, argued the cause for appellants (Mr. Maroccia, on the brief).

Robert M. Washburn argued the cause for respondent (Sherman, Silverstein, Kohl, Rose & Podolsky, attorneys; Mr. Washburn, of counsel and on the brief).

Before Judges HAVEY, CONLEY and BRAITHWAITE.

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

Defendants, the Borough of Pine Hill and its governing body, appeal from a summary judgment declaring invalid the Borough's ordinance which requires, as a condition for the issuance of a building permit, the payment of past-due real estate taxes on the subject property. The motion judge concluded that the Uniform Construction Code Act (UCCA), N.J.S.A. 52:27D-119 to -141,

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