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APARTMENT MANAGE. CO. v. TP. COMM. OF UNION TP.

140 N.J. Super. 220 (1976)

356 A.2d 20

APARTMENT MANAGEMENT COMPANY, PLAINTIFF-APPELLANT, v. TOWNSHIP COMMITTEE OF THE TOWNSHIP OF UNION AND RENT LEVELING BOARD OF THE TOWNSHIP OF UNION, DEFENDANTS-RESPONDENTS.

Superior Court of New Jersey, Appellate Division.

Decided February 2, 1976.

Attorney(s) appearing for the Case

Messrs. Lowenstein, Sandler, Brochin, Kohl and Fisher, attorneys for appellant (Mr. Murray Laulicht and Mr. Gregory B. Reilly on the brief).

Mr. Julius R. Pollatschek, attorney for respondent Township Committee of the Township of Union (Mr. Donald G. Kein on the brief).

Mr. A. Irving Rosenberg, attorney for respondent Rent Leveling Board of the Township of Union, filed statement in lieu of brief.

Before Judges MATTHEWS, LORA and MORGAN.

PER CURIAM.

Plaintiff's complaint in lieu of prerogative writs challenged (1) the amendment to the Union rent control ordinance which limited annual rental increases on residential apartment leases to 5% of the rent provided in the previous year's lease and (2) defendants' interpretation of the tax surcharge provisions of § 5 of the ordinance.

Those portions of the judgment of the Law Division relating to the constitutional and exhaustion of administrative...

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