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ISLAND IMPROVEMENT ASSOCIATION v. FORD

155 N.J. Super. 571 (1978)

383 A.2d 133

ISLAND IMPROVEMENT ASSOCIATION OF UPPER GREENWOOD LAKE, A CORPORATION, PLAINTIFF-APPELLANT, v. EDWARD W. FORD, ISAIAH MINKOFF AND EDWARD HARRIS, INDIVIDUALLY AND AS REPRESENTATIVES OF A CLASS OF PERSONS CONSISTING OF OWNERS OF REAL PROPERTY IN THE ISLAND SECTION OF UPPER GREENWOOD LAKE, WEST MILFORD TOWNSHIP, NEW JERSEY, AND THEIR HEIRS AND ASSIGNS, AND OTHERS, DEFENDANTS-RESPONDENTS.

Superior Court of New Jersey, Appellate Division.

Decided January 24, 1978.

Attorney(s) appearing for the Case

Messrs. Hunziker, Hunziker & Jones, attorneys for appellant (Mr. Walter J. Hunziker, Jr., on the brief).

Mr. Edward W. Ford, respondent, pro se.

Messrs Lowenstein, Sandler, Brochin, Kohl & Fisher, attorneys for respondent Isaiah Minkoff (Mr. Alan V. Lowenstein on the brief).

Messrs. Dolan and Dolan, attorneys for amicus curiae Awosting Association, Inc., Lakeside Community Club, Inc., Lindy's Lake Association, Inc., Pine Cliff Lake Community Club, Inc., and Shady Lake Park Property Owners Association (Mr. Francis E. Bright, on the brief).

No brief was filed on behalf of respondent West Milford Township.

Before Judges FRITZ, BOTTER and ARD.

The opinion of the court was delivered by FRITZ, P.J.A.D.

Appellant, a nonprofit voluntary association organized to raise funds to maintain the roads in a privately developed residential area of Upper Greenwood Lake, brought a class action against the owners of the residential properties in the area to compel all these owners to contribute to road maintenance costs. The township, West Milford, was also joined as a defendant.

There seems to be no factual question...

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