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REPAIR MASTER, INC. v. BOROUGH OF PAULSBORO

799 A.2d 599 (2002)

352 N.J. Super. 1

REPAIR MASTER, INC. and Bruce Tyler, Plaintiffs-Respondents, v. BOROUGH OF PAULSBORO, Defendant-Appellant. Gregory Rego and Theresa Rego, Plaintiff, v. Borough of Paulsboro, Defendant.

Superior Court of New Jersey, Appellate Division.

Decided June 3, 2002.

Attorney(s) appearing for the Case

Michael D. Varbalow, Cherry Hill, argued the cause for appellant (Dilworth Paxson and Angelini, Viniar & Freedman, attorneys; Mr. Varbalow, Penny Conly Ellison, Philadelphia, PA, James M. Carter, Somerville and Michael A. Angelini, Woodbury, on the brief).

William A. Thompson, III, argued the cause for respondent (Callaghan Thompson & Thompson, Atlantic City, attorneys; Mr. Thompson, Morristown, on the brief).

Before Judges KING, CUFF and WECKER.

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

This case involves the power of a municipality to place a moratorium on the issuance of licenses for residential rental properties. This moratorium is limited to single-family and non-owner-occupied duplex units. We conclude that the municipality has no power to regulate the nature of the occupancy of residential properties under either the general police power or the municipal land use regulatory power. The...

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