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KIM REAL ESTATE ENT. v. NORTH BERGEN TP.

215 N.J. Super. 255 (1987)

521 A.2d 900

KIM REAL ESTATE ENTERPRISES; PANDIS REALTY CORP.; HERMAN WEISSBARD & HELEN WEISSBARD; HERMAN WEISSBARD & I. HIRSCH; V.J.R. DISPOTO; F. WILLIAM KOESTNER, JR.; COTTAGE GROUP; F. WILLIAM KOESTNER, JR., & ANTHONY IAFELICE T/A K. & I. LAUNDROMAT; F. WILLIAM KOESTNER, JR., T/A SADDLE HILL; BRUGGER-BERGEN CO., AND MICHAEL & ROSEMARY ARIA, PLAINTIFFS-APPELLANTS, v. TOWNSHIP OF NORTH BERGEN; MAYOR AND COMMISSIONERS OF THE TOWNSHIP OF NORTH BERGEN AND NORTH BERGEN RENT LEVELING BOARD, DEFENDANTS-RESPONDENTS.

Superior Court of New Jersey, Appellate Division.

Decided February 23, 1987.

Attorney(s) appearing for the Case

Joseph A. Pojanowski, III, argued the cause for appellants (Joseph A. Pojanowski, III, on the letter brief).

Donald A. Caminiti argued the cause for respondents (Breslin and Breslin, attorneys; Donald A. Caminiti of counsel; Brian T. Campion on the brief).

Before Judges KING, HAVEY and MUIR, Jr.

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

This appeal involves the interpretation of a tax surcharge provision in a rent leveling ordinance which permits landlords to pass through to tenants tax increases from the "previous year." Plaintiffs contend that "previous year" means the year previous to enactment of the ordinance. They argue that to interpret the term to mean the immediate preceding calendar year would "strip" them of "a substantial monetary...

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