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BROOKCHESTER, INC. v. LIGHAM

17 N.J. 460 (1955)

111 A.2d 737

BROOKCHESTER, INC., SECTION I, A CORPORATION OF THE STATE OF NEW JERSEY, ET AL., PETITIONERS, v. CHESTER K. LIGHAM, DIRECTOR OF THE OFFICE OF RENT CONTROL OF THE STATE OF NEW JERSEY, RESPONDENT.

The Supreme Court of New Jersey.

Decided February 14, 1955.

Attorney(s) appearing for the Case

Mr. Walter D. Van Riper argued the cause for the petitioners (Mr. George I. Marcus, attorney).

Mr. Harold Kolovsky, Assistant Attorney-General, argued the cause for the respondent (Mr. Grover C. Richman, Jr., Attorney-General of New Jersey, attorney; Mr. Anthony Zoppi, Deputy Attorney-General, on the brief).

By leave of court, brief was filed for the intervenor, Brookchester Community Association, by Mr. James A. Major, of counsel (Mr. Herbert F. Myers, Jr., attorney).

The opinion of the court was delivered by BURLING, J.

This is a petition for declaratory judgment, in lieu of prerogative writ, filed in the Superior Court, Appellate Division, pursuant to R.R. 4:88-10, to review administrative rules (designated herein as "Change No. 5" and "Change No. 7") promulgated by the State Rent Control Director, the effect of which was to subject rental housing properties of the petitioners to state rent control under the State Rent...

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