BTD-1996 NPC 1 L.L.C. v. 350 WARREN L.P.


784 A.2d 1214 (2001)

170 N.J. 90

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.

Supreme Court of New Jersey.

Decided November 14, 2001.


Attorney(s) appearing for the Case

Frederick P. Niemann, Assistant Monmouth County Counsel, argued the cause for appellant (William W. Northgrave, Hudson County Counsel, attorney; Mr. Niemann and Robin Moses, Assistant County Counsel, on the briefs).

Matthew V. DelDuca, Lawrenceville, argued the cause for respondent (Dechert Price & Rhoads, attorneys; Mr. DelDuca and Stacey O. Steinmetz, on the briefs).

Stephen E. Trimboli, Morristown, argued the case for amicus curiae Sheriff's Association of New Jersey (Courter, Kobert, Laufer & Cohen, attorneys; Mr. Trimboli and Michael A. Shadiack, on the brief).

Donald J. Einhorni, Frenchtown, submitted letters in lieu of brief on behalf of amicus curiae Hunterdon County Sheriff (Gaetano M. De Sapio, attorney).

Fredrick P. Niemann, Assistant Monmouth County Counsel, submitted a letter in lieu of brief on behalf of amicus curiae Monmouth County Sheriff (Malcolm V. Carton, Monmouth County Counsel, attorney).

Ronald Kevitz, Morris County Counsel, submitted letter briefs on behalf of amicus curiae Morris County Sheriff.

Thomas C. Miller, Somerset County Counsel, submitted a letter brief on behalf of amicus curiae Somerset County Sheriff.

Carol I. Cohen, Union County Counsel, submitted a letter in lieu of brief on behalf of amicus curiae Union County Sheriff.


The opinion of the Court was delivered by STEIN, J.

This appeal requires our review of a Chancery Division determination, affirmed as modified by the Appellate Division, BTD-1996 NPC 1, L.L.C. v. 350 Warren, L.P., 333 N.J.Super. 476, 755 A.2d 1236 (2000), holding unconstitutional as applied to plaintiff a provision of N.J.S.A. 22A:4-8 authorizing the collection of a Sheriff's...

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