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MAIN UNION ASSOCIATES v. TWP. OF LITTLE FALLS RENT LEVELING BD.

306 N.J. Super. 404 (1997)

MAIN UNION ASSOCIATES, A PARTNERSHIP, AND BROWNSTONE ASSOCIATES, A PARTNERSHIP, PLAINTIFFS-APPELLANTS, v. TOWNSHIP OF LITTLE FALLS RENT LEVELING BOARD, MAYOR AND TOWNSHIP COMMITTEE OF THE TOWNSHIP OF LITTLE FALLS, AND TOWNSHIP OF LITTLE FALLS, A MUNICIPAL CORPORATION, DEFENDANTS-RESPONDENTS.

Superior Court of New Jersey, Appellate Division.

Decided December 23, 1997.

Attorney(s) appearing for the Case

Walter R. Cohn argued the cause for appellants (Cohn & Cohn, attorneys; Mr. Cohn, on the brief).

James V. Segreto argued the cause for respondents (Segreto & Segreto, attorneys; Mr. Segreto, of counsel; John J. Segreto, on the brief).

Before Judges HAVEY, NEWMAN and COLLESTER.

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

Plaintiffs, Main Union Associates and Brownstone Associates, unsuccessfully challenged the facial constitutionality of the Rent Leveling Ordinance of defendant Township of Little Falls (hereafter Township or Little Falls) because of the ordinance's failure to provide a separate mechanism by which to recover capital improvement surcharges. Plaintiffs appeal. We affirm.

Plaintiffs own two garden apartments...

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