COMMITTEE FOR A BETTER TWIN RIVERS (CBTR); Dianne McCarthy; Haim Bar-Akiva and Bruce Fritzges, Plaintiffs-Respondents, and
Edward McDonald and Emily McDonald, Plaintiffs,
v.
TWIN RIVERS HOMEOWNERS' ASSOCIATION (TRHA); Twin Rivers Community Trust and Scott Pohl (TRHA President), Defendants-Appellants, and
Jennifer Ward (TRHA Administrator), Defendant.
Supreme Court of New Jersey.https://leagle.com/images/logo.png
Argued January 4, 2007.
Decided July 26, 2007.
Attorney(s) appearing for the Case
Barry S. Goodman, Woodbridge, argued the cause for appellants Twin Rivers Homeowners' Association and Twin Rivers Community Trust (Greenbaum, Rowe, Smith & Davis and Kennedy, Wronko & Kennedy, attorneys; Mr. Goodman and Karyn A. Kennedy Branco, of counsel; Mr. Goodman, Ms. Branco, Jane J. Felton and E. Richard Kennedy, on the briefs).
Michael S. Karpoff, Princeton, argued the cause for appellant Scott Pohl (Hill Wallack, attorneys).
Frank Askin, Counsel, Rutgers Constitutional Litigation Clinic, argued the cause for respondents, on behalf of American Civil Liberties Union Foundation of New Jersey.
Dennis R. Casale, Princeton, submitted a brief on behalf of amicus curiae Community Association Institute (Pepper Hamilton; Hueston, McNulty, Mueller & DeGonge and Nowell Amoroso Klein & Bierman, attorneys; Mr. Casale, Samuel J. McNulty and Thomas Martin, of counsel).
Frank L. Corrado, Special Counsel, Wildwood, submitted a brief on behalf of amicus curiae Public Advocate of New Jersey (Ronald K. Chen, Public Advocate of New Jersey and Barry, Corrado, Grassi & Gibson, attorneys).
Steven Siegel, Hackensack, submitted a brief on behalf of amicus curiae AARP (Sokol, Behot & Fiorenzo, attorneys; Mr. Siegel, Franco A. Munoz and Susan Ann Silverstein, members of the District of Columbia bar, of counsel and on the brief).
Supreme Court of New Jersey.
Justice WALLACE, JR. delivered the opinion of the Court.
In this appeal, we determine whether the rules and regulations enacted by a homeowners' association governing the posting of signs, the use of the community room, and access to its newsletter violated our state constitutional guarantees of free expression. The trial court held that the association's rules and regulations were not subject to the right of free speech...
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