NYT CABLE TV, PLAINTIFF-RESPONDENT,
v.
HOMESTEAD AT MANSFIELD, INC., HOMESTEAD AT MANSFIELD HOMEOWNERS ASSOCIATION, INC., MICHAEL LAINO AND DANIEL QUIGLEY, DEFENDANTS-APPELLANTS, AND NEW JERSEY BOARD OF PUBLIC UTILITIES, RESPONDENT. IN THE MATTER OF THE APPLICATION OF TKR CABLE COMPANY FOR ACCESS TO PREMISES KNOWN AS SOCIETY HILL AT PISCATAWAY PURSUANT TO N.J.S.A. 48:5A-49 AND N.J.A.C. 14:18-3.10(C)(1).
The Supreme Court of New Jersey.https://leagle.com/images/logo.png
Argued November 9, 1987.
Decided June 28, 1988.
Attorney(s) appearing for the Case
W. James MacNaughton argued the cause for appellant Society Hill at Piscataway Condominium Association, Inc. (A-43/44) and submitted a letter brief on behalf of amici curiae Hovbilt, Inc., K. Hovnanian at Piscataway, Inc., Society Hill at Piscataway Condominium Association, Inc., K. Hovnanian at Bernards, Inc., Society Hill at Bernards Condominium Association, Inc., RCK Cable Company, and Channel One Systems, Inc. (Schenck, Price, Smith & King, attorneys; W. James MacNaughton and Douglas S. Brierley, on the briefs).
Douglas K. Wolfson argued the cause for appellant K. Hovnanian at Piscataway, Inc. (A-43/44) (Greenbaum, Rowe,Smith, Ravin, Davis & Bergstein, attorneys; Mr. Wolfson and Bruce D. Greenberg, on the briefs).
Philip B. Seaton argued the cause for appellants Homestead at Mansfield, Inc., et al. (A-42) (Kozlov, Seaton & Romanini, attorneys).
Francis R. Perkins argued the cause for respondent TKR Cable Company, (A-43/44) and amicus curiae New Jersey Cable Television Association (A-42) (LeBoeuf, Lamb, Leiby & MacRae, attorneys; Francis R. Perkins, Thomas C. Kelly and Ruth A. Bosek, on the briefs).
Peter J. Pizzi argued the cause for respondent NYT Cable TV (A-42) (Connell, Foley & Geiser, attorneys).
Susan B. Vercheak, Deputy Attorney General, argued the cause for respondent New Jersey Board of Public Utilities (W. Cary Edwards, Attorney General of New Jersey, attorney; Andrea M. Silkowitz, Deputy Attorney General, of counsel).
Jeffrey L. Reiner submitted a brief on behalf of amicus curiae Ocean Cablevision Associates (Meyner and Landis, attorneys).
The Supreme Court of New Jersey.
PER CURIAM.
The members of the Court being equally divided, the judgment of the Appellate Division is affirmed.
HANDLER, J., concurring.
In this case we are asked to examine whether the statutory scheme found in the Cable Television Act (the "Act"), N.J.S.A. 48:5A-1 to -53, and more specifically its access rights section, N.J.S.A. 48:5A-49 ("Section 49"), is constitutional. There can be no quarrel with the proposition that, under the...
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