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STONEHILL PROP. OWNERS v. VERNON

312 N.J. Super. 68 (1998)

STONEHILL PROPERTY OWNERS ASSOCIATION, INC., ASPEN SECTION CONDOMINIUM COUNCIL OF STONEHILL, INC., VERNON VALLEY RESORT HOTEL SECTION CONDOMINIUM COUNCIL OF STONEHILL, INC., VAIL SECTION CONDOMINIUM COUNCIL OF STONEHILL, INC., WIMBLEDON SECTION CONDOMINIUM COUNCIL OF STONEHILL, INC., MOUNTAINSIDE SECTION CONDOMINIUM COUNCIL OF STONEHILL, INC., AND GREAT GORGE VILLAGE SOUTH CONDOMINIUM, INC., PLAINTIFFS-RESPONDENTS, v. TOWNSHIP OF VERNON AND THE MAYOR AND COUNCIL OF THE TOWNSHIP OF VERNON, DEFENDANTS-APPELLANTS. STONEHILL PROPERTY OWNERS ASSOCIATION, INC., ASPEN SECTION CONDOMINIUM COUNCIL OF STONEHILL, INC., VERNON VALLEY RESORT HOTEL SECTION CONDOMINIUM COUNCIL OF STONEHILL, INC., VAIL SECTION CONDOMINIUM COUNCIL OF STONEHILL, INC., WIMBLEDON SECTION CONDOMINIUM COUNCIL OF STONEHILL, INC., MOUNTAINSIDE SECTION CONDOMINIUM COUNCIL OF STONEHILL, INC., AND GREAT GORGE VILLAGE SOUTH CONDOMINIUM, INC., PLAINTIFFS-APPELLANTS, v. TOWNSHIP OF VERNON AND THE MAYOR AND COUNCIL OF THE TOWNSHIP OF VERNON, DEFENDANTS-RESPONDENTS.

Superior Court of New Jersey, Appellate Division.

Decided May 26, 1998.

Attorney(s) appearing for the Case

William F. Fitzgibbons, argued the cause for appellants in A-4142-96T3 and respondents in A-5590-96T3 (Fitzgibbons & Goovaerts, attorneys; Mr. Fitzgibbons, of counsel and on the briefs).

John J. Lamb, argued the cause for appellants in A-5590-96T3 and respondents in A-4142-96T3 (Beattie Padovano, attorneys; Mr. Lamb and Francis B. Sheehan, on the briefs).

Michael S. Karpoff, argued the cause for amicus curiae Community Associations Institute-New Jersey Chapter, Inc. in both appeals (Hill Wallack and Hersh, Ramsey & Berman and DiFazio, Radom & Wetter, attorneys; Ronald L. Perl, Ben Lambert, James M. McCarthy and Douglas Ehrenworth, of counsel; Mr. Karpoff, J. David Ramsey and Susan J. Radom, on the brief).

Before Judges LONG, KLEINER and KIMMELMAN.

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

In this action in lieu of prerogative writs, the trial court considered the extent of the obligation of the Township of Vernon (the "Township" or "Vernon") to reimburse the Stonehill Property Owners Association, Inc. ("Stonehill"), pursuant to the provisions of the Municipal Services Act, N.J.S.A. 40:67-23.2 to -23.8 (the "Act"), for costs incurred by Stonehill in providing certain municipal services...

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