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GARDENS v. CITY OF PASSAIC

130 N.J. Super. 369 (1974)

327 A.2d 250

BARRY GARDENS, A JOINT VENTURE, MILAN ASSOCIATES, INC., PAULISON ASSOCIATES, INC., CORPORATIONS OF THE STATE OF NEW JERSEY, THE TOWER APARTMENTS, A PARTNERSHIP, PLAINTIFFS, v. CITY OF PASSAIC, A MUNICIPAL CORPORATION OF PASSAIC COUNTY, NEW JERSEY, AND RENT LEVELING BOARD OF THE CITY OF PASSAIC, DEFENDANTS. ANTHONY IAFELICE AND F. WILLIAM KOESTNER, A PARTNERSHIP, TRADING AS K. & I. LAUNDROMAT, PLAINTIFFS, v. CITY OF PASSAIC, A MUNICIPAL CORPORATION IN THE COUNTY OF PASSAIC, NEW JERSEY, AND RENT LEVELING BOARD OF THE CITY OF PASSAIC, DEFENDANTS.

Superior Court of New Jersey, Law Division.

Decided September 27, 1974.

Attorney(s) appearing for the Case

Mr. Martin Klughaupt for plaintiffs Barry Gardens, Milan Associates, Inc., Paulison Associates, Inc. and The Tower Apartments.

Mr. Joseph L. Freiman for plaintiffs Anthony Iafelice and F. William Koestner.

Messrs. Leonard M. Bitterman and Joseph F. Scancarella for defendant City of Passaic.

Mr. Joseph A. Pojanowski, III for defendant Rent Levelling Board of the City of Passaic.

SCHWARTZ, L., J.C.C., Temporarily Assigned.

In these consolidated actions in lieu of prerogative writs brought by owners of apartment buildings in the City of Passaic, the validity of the rent levelling ordinance, as amended, is attacked.

Since the ordinance is presumed to be valid, Garden State Racing Ass'n v. Cherry Hill Tp., 42 N.J. 454, 464 (1964), plaintiffs bore the burden of establishing its invalidity. Their original...

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