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UNITED PROPERTY OWNERS ASS'N v. BOROUGH OF BELMAR

777 A.2d 950 (2001)

343 N.J. Super. 1

UNITED PROPERTY OWNERS ASSOCIATION OF BELMAR, Nicholas Zampetti, Laura Gifford and John Roland, Plaintiffs-Appellants, v. BOROUGH OF BELMAR, Kenneth Pringle, Mayor of the Borough of Belmar, Jack Manutti, Patricia Provenzano, Andrew Gallagher and Doug McGill, Council Members of the Borough of Belmar, Defendants-Respondents. United Property Owners Association of Belmar, Nicholas Zampetti, Laura Gifford and John Roland, Plaintiffs-Respondents, v. Borough of Belmar, Kenneth Pringle, Mayor of the Borough of Belmar, Jack Manutti, Patricia Provenzano, Andrew Gallagher and Doug McGill, Council Members of the Borough of Belmar, Defendants-Appellants. Nicholas M. Zampetti, Jr. and Mariann Zampetti, Plaintiffs-Appellants, v. Borough of Belmar, Defendant-Respondent.

Superior Court of New Jersey, Appellate Division.

Decided July 16, 2001.

Attorney(s) appearing for the Case

Randy T. Pearce, argued the cause for appellants in No. A-2938-99T5 and respondents in No. A-2941-99T5 (Pearce Fleisig, attorneys, Hackensack; Mr. Pearce, of counsel and on the brief; Jennifer A. McAdam; Catherine A. Muldoon, Newark and Jennifer Brigliadoro, on the brief).

Andrew T. Fede, Hackensack, argued the cause for appellants in A-40-00T5 (Contant, Atkins, Rogers, Fede, Keane & Hille, attorneys; Mr. Fede, of counsel and on the brief).

Karl P. Kemm, North Brunswick, argued the cause for respondents in No. A-2938-99T5, appellants in No. A-2941-99T5 and respondent in No. A-40-00T5 (Philibosian, Russell, Killmurray & Kinneally, attorneys; Mr. Kemm, of counsel and on the brief).

Before Judges CARCHMAN, LINTNER and PARRILLO.

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

These three appeals require us to determine the validity of a comprehensive local ordinance governing summer rentals at a shore community. Plaintiffs United Property Owners Association of Belmar, an association of approximately eighty property owners in Belmar, and three of its constituent members Nicholas Zampetti, Laura Gifford and John Roland (collectively plaintiffs...

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