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WARWICK RALEIGH CO. v. CITY OF ATLANTIC CITY

168 N.J. Super. 576 (1979)

403 A.2d 956

WARWICK RALEIGH COMPANY, PLAINTIFF-RESPONDENT, BALLY WARWICK, INC., INTERVENOR-RESPONDENT, v. CITY OF ATLANTIC CITY AND WARWICK APARTMENTS TENANTS ASSOCIATION, DEFENDANTS-APPELLANTS.

Superior Court of New Jersey, Appellate Division.

Decided June 8, 1979.

Attorney(s) appearing for the Case

Mr. Bruce F. Weekes, Assistant City Solicitor, argued the cause for defendant-appellant City of Atlantic City (Mr. Emanuel L. Levin, City Solicitor, attorney).

Mr. Seth Grossman argued the cause for defendant-appellant Warwick Apartments Tenants Association.

Mr. Mark Soifer argued the cause for plaintiff-respondent (Messrs. Horn, Kaplan, Goldberg & Gorney, attorneys).

Mr. Jerald D. Baranoff argued the cause for intervenor-respondent (Messrs. Sills, Beck, Cummis, Radin & Tischman, attorneys; Mr. Stanley Tannenbaum, of counsel).

Before Judges CONFORD, PRESSLER and KING.

The opinion of the court was delivered by CONFORD, P.J.A.D. (retired and temporarily assigned).

The basic question presented on this appeal is the interpretation of the "tax surcharge" provisions of the Atlantic City rent control ordinance adopted in 1973. The city and the tenants' association contend a landlord may surcharge the tenants only the tax increase of the current tax year over the next prior year. Plaintiff and the intervenor claim the surcharge extends...

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