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DKM CORP. v. TP. OF MONTGOMERY

831 A.2d 110 (2003)

363 N.J. Super. 80

DKM RESIDENTIAL PROPERTIES CORPORATION, Plaintiff-Appellant, v. The TOWNSHIP OF MONTGOMERY and The Construction Board of Appeals of the Township of Montgomery, Defendants-Respondents.

Superior Court of New Jersey, Appellate Division.

Decided September 15, 2003.

Attorney(s) appearing for the Case

Michael A. Lampert, Princeton, argued the cause for appellant (Saul Ewing, attorneys; Mr. Lampert, of counsel; Mr. Lampert and Michele A. Daitz, Piscataway, on the brief).

Trishka Waterbury, Princeton, argued the cause for respondents (Mason, Griffin & Pierson, attorneys; Ms. Waterbury, on the brief).

Before Judges WEFING, WECKER and FUENTES.

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

This appeal presents a question of first impression concerning the power of a municipal construction official to issue a notice of violation to a residential builder years after a certificate of occupancy was issued and title transferred to the new homeowner. Both plaintiff, DKM Residential Properties Corporation ("DKM"), and defendants, Township of Montgomery ("Montgomery...

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