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WHS REALTY v. TOWN OF MORRISTOWN

733 A.2d 1206 (1999)

323 N.J. Super. 553

WHS REALTY COMPANY, a New Jersey General Partnership, Plaintiff-Respondent and Cross-Appellant, v. TOWN OF MORRISTOWN; Mayor and Town Council of the Town of Morristown; Town of Morristown Health Department; Town of Morristown Public Works Department, Defendants-Appellants and Cross-Respondents.

Superior Court of New Jersey, Appellate Division.

Decided July 27, 1999.

Attorney(s) appearing for the Case

Herbert A. Vogel and David H. Soloway, Morristown, for appellants/cross-respondents (Vogel, Chait, Schwartz & Collins, attorneys; Mr. Vogel and Mr. Soloway, on the brief).

Gary D. Gordon, West Orange, for respondent/cross-appellants (Feinstein, Raiss & Kelin, attorneys; Mr. Gordon, on the brief).

William J. Kearns, Jr., for amicus curiae New Jersey State League of Municipalities (Kearns, Vassallo, Guest & Kearns, Willingboro and Mason, Griffin & Pierson, attorneys; Mr. Kearns and Kristina P. Hadinger, of counsel; F. Clifford Gibbons and Christopher H. DeGrezia, Princeton, on the brief).

Before Judges HAVEY, SKILLMAN and PAUL G. LEVY.

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

This appeal presents a challenge to Morristown's garbage collection ordinance which provides free collection service to all residential dwellings of three or less units as well as condominium developments where no more than 50% of the units are owned by one person or entity. Excluded from the ordinance are all multi-family dwellings of four or more units. Therefore...

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