CONA v. TP. OF WASHINGTON

Docket Nos. A-5067-15T3, A-5615-15T3, A-0443-16T3.

192 A.3d 1052 (2018)

456 N.J. Super. 197

Christopher C. CONA, individually and as a class representative on behalf of others similarly situated, Plaintiff-Appellant, v. TOWNSHIP OF WASHINGTON, Defendant-Respondent. Sharon Downs, individually and as a class representative on behalf of others similarly situated, Plaintiff-Appellant, v. Borough of Paulsboro, Defendant-Respondent. William R. Brody and Kathleen D. O'Hara, individually and on behalf of others similarly situated, Plaintiffs-Appellants, v. City of Woodbury, Borough of Westville, Borough of Glassboro, Borough of National Park, and Township of Deptford, Defendants-Respondents.

Superior Court of New Jersey, Appellate Division.

Decided August 29, 2018.


Attorney(s) appearing for the Case

Lewis G. Adler argued the cause for appellants ( Lewis G. Adler , attorney; Lewis G. Adler , Roger C. Mattson , Woodbury, and Paul DePetris , Turnersville, of counsel and on the briefs).

Brian P. Shotts argued the cause for respondents Township of Washington (in A-5067-15) and Township of Deptford (in A-0443-16) (Grace, Marmero & Associates, LLP, attorneys; Brian P. Shotts , on the briefs).

M. James Maley, Jr. , Collingswood, argued the cause for respondent Borough of Paulsboro (in A-5615-15) (Maley Givens, PC, attorneys; M. James Maley, Jr. and Erin E. Simone , on the brief).

James P. Pierson , Woodbury, argued the cause for respondent City of Woodbury (in A-0443-16) (Angelini, Viniar & Freedman, LLP, attorneys; James P. Pierson , on the brief).

Gary M. Marek argued the cause for respondents Borough of Westville and Borough of Glassboro (in A-0443-16) (Law Office of Timothy D. Scaffidi, attorneys; Gary M. Marek and Timothy D. Scaffidi , on the briefs).

Walter F. Kawalec, III , argued the cause for respondent Borough of National Park (in A-0443-16) (Marshall Dennehey Warner Coleman & Goggin, attorneys; Walter F. Kawalec, III and Ashley L. Toth , Mount Laurel, on the brief).

Before Judges Simonelli, Haas and Rothstadt.


The opinion of the court was delivered by

In these matters, which we considered back-to-back and have consolidated for purposes of writing one opinion, plaintiff landlords rely upon our opinion in Timber Glen Phase III, LLC v. Township of Hamilton, 441 N.J.Super. 514

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