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HILLTOP ASSOCIATES v. EDISON TP.

181 N.J. Super. 100 (1981)

436 A.2d 939

HILLTOP ASSOCIATES, A PARTNERSHIP; TRAFALGAR ASSOCIATES, A PARTNERSHIP; PARKWOOD ASSOCIATES, A PARTNERSHIP, PLAINTIFFS-APPELLANTS, v. MAYOR AND COUNCIL OF THE TOWNSHIP OF EDISON; TOWNSHIP OF EDISON, A MUNICIPAL CORPORATION; RENTAL CONTROL BOARD OF EDISON TOWNSHIP; EDISON TOWNSHIP TENANTS' ASSOCIATION, DEFENDANTS-RESPONDENTS.

Superior Court of New Jersey, Appellate Division.

Decided October 13, 1981.

Attorney(s) appearing for the Case

Sheppard A. Guryan argued the cause for appellants (Lasser, Hochman, Marcus, Guryan & Kuskin, attorneys).

Peter A. DeSarno argued the cause for respondents Mayor and Council of the Township of Edison and Township of Edison.

Michael F. Lombardi argued the cause for respondent Rental Control Board of Edison Township (Lombardi & Lombardi, attorneys).

James A. Tarella argued the cause for respondent Edison Township Tenants' Association (Tarella & Liftman, attorneys).

Before Judges BOTTER, ANTELL and FURMAN.

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

Plaintiffs appeal from a Law Division judgment sustaining the validity of § 55-9 of the Edison Township rent control ordinance, which provides that a landlord must rebate to his tenants 100% of his tax reduction as the result of a successful tax appeal, after deducting reasonable expenses of the appeal. At issue before us is whether, as plaintiffs urge, that ordinance provision is in conflict with the Tenants...

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