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WHS REALTY CO. v. TOWN OF MORRISTOWN

146 N.J. 627 (1996)

684 A.2d 1376

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 AND TOWN OF MORRISTOWN PUBLIC WORKS DEPARTMENT, DEFENDANTS-APPELLANTS.

The Supreme Court of New Jersey.

Decided November 20, 1996.

Attorney(s) appearing for the Case

Herbert A. Vogel argued the cause for appellants (Vogel, Chait, Schwartz & Collins, attorneys; Mr. Vogel and David H. Soloway, on the brief).

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

Charles X. Gormally submitted a brief on behalf of amici curiae New Jersey Apartment Association, Blair House Associates, L.P. and South Hamilton Associates (Brach, Eichler, Rosenberg, Silver, Bernstein, Hammer & Gladstone, attorneys; Mr. Gormally and Regina A. McGuire, on the brief).

PER CURIAM.

This is an appeal by the owner of a garden apartment complex containing 140 rental units. The owner challenges the constitutionality of the Morristown garbage collection ordinance. The ordinance excludes from municipal garbage collection apartment complexes with four or more rental units, except such complexes in which a majority of the units are separately owned in fee or as condominiums. The Law Division found...

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