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NEW JERSEY BUILDERS ASS'N v. COLEMAN

227 N.J. Super. 23 (1988)

545 A.2d 783

NEW JERSEY BUILDERS ASSOCIATION, PLAINTIFF-APPELLANT, v. LEONARD S. COLEMAN, JR., COMMISSIONER, DEPARTMENT OF COMMUNITY AFFAIRS, RESPONDENT-RESPONDENT.

Superior Court of New Jersey, Appellate Division.

Decided June 30, 1988.

Attorney(s) appearing for the Case

Stewart M. Hutt, argued the cause for appellant (Hutt & Berkow, attorneys; Stewart M. Hutt of counsel; Stewart M. Hutt and Mark Williams, on the brief).

Elizabeth J. Vaughn, Deputy Attorney General, argued the cause for respondent (W. Cary Edwards, Attorney General, attorney; James J. Ciancia, Assistant Attorney General, of counsel; Elizabeth J. Vaughn on the brief).

Before Judges DEIGHAN, R.S. COHEN and LANDAU.

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

Appellant N.J. Builders Association (NJBA) challenges regulations adopted by the Commissioner of the Department of Community Affairs (DCA) which amend the state energy subcode (N.J.A.C. 5:23-3.18) by replacing its thermal efficiency standards with standards required by the U.S. Farmers Home Administration (FmHA). See 19 N.J.R. 1793, effective October 5, 1987. NJBA argues that DCA's authority...

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