BTD-1996, NPC 1 L.L.C., a Delaware Limited Liability Company, Plaintiff-Respondent,
v.
350 WARREN L.P., a New Jersey Limited Partnership, Defendant.
Hudson County Sheriff, Appellant.
Superior Court of New Jersey, Appellate Division.https://leagle.com/images/logo.png
Argued May 24, 2000.
Decided August 3, 2000.
Attorney(s) appearing for the Case
Robin Moses, Assistant Hudson County Counsel, argued the cause for appellant County of Hudson Sheriff's Department (Francis De Leonardis, Hudson County Counsel, attorney; Ms. Moses, on the brief).
Matthew V. DelDuca, Princeton, argued the cause for respondent BTD-1996 (Dechert Price & Rhoads, attorneys; Mr. DelDuca and David Zatuchni, on the brief).
Donald J. Einhorn, Assistant Hunterdon County Counsel, argued the cause for amicus curiae Hunterdon County Sheriff (Gaetano M. De Sapio, Hunterdon County Counsel, attorney; Mr. Einhorn, on the brief).
Fredrick P. Niemann, Assistant Monmouth County Counsel, argued the cause for amicus curiae Monmouth County Sheriff (Malcolm V. Carton, Monmouth County Counsel, attorney; Mr. Niemann, on the brief).
William P. Robertson, Deputy Somerset County Counsel, argued the cause for amicus curiae Somerset County Sheriff's Department (Thomas C. Miller, Somerset County Counsel, attorney; Mr. Miller, on the brief).
Stephen E. Trimboli, Morristown, argued the cause for amicus curiae Sheriff's Association of New Jersey (Courter, Kobert, Laufer & Cohen attorneys; Fredric M. Knapp, of counsel and on the brief; Michael A. Shadiack, on the brief).
Kyran Connor, Cape May County Counsel, attorney for amicus curiae County of Cape May (John C. Porto, Assistant County Counsel, on the brief).
Ronald Kevitz, Morris County Counsel, attorney for amicus curiae Morris County Sheriff (Mr. Kevitz, on the brief).
Carol I. Cohen, Union County Counsel, attorney for amicus curiae Union County Sheriff (Ms. Cohen, on the brief).
Before Judges STERN, KESTIN and STEINBERG.
Superior Court of New Jersey, Appellate Division.
The opinion of the court was delivered by STERN, P.J.A.D.
The Hudson County Sheriff appeals from a judgment entered on April 19, 1999, declaring that "N.J.S.A. 22A:4-8 as applied to the commissions sought by the Hudson County Sheriff from plaintiff in this case is unconstitutional," and denying the Sheriff's requested order to show cause seeking payment of his statutory fee. The Sheriff argues that he is entitled to the statutory commission or fee provided in N...
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