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399 LINCOLN ASSOCIATES v. ORANGE TP.

244 N.J. Super. 238 (1990)

581 A.2d 1364

399 LINCOLN ASSOCIATES, 467 LINCOLN ASSOCIATES; EDENBORO COOPERATIVE CORPORATION; 283-293 ASSOCIATES; 445 ASSOCIATES; SOUTH CENTER ASSOCIATES; 365-373 ASSOCIATES; LINCOLN/CENTRAL ASSOCIATES; MANLOW CORPORATION, A NEW JERSEY CORPORATION; RIDGE GARDENS, A PARTNERSHIP; AND SOUTH ORANGE GARDENS, A PARTNERSHIP, PLAINTIFFS-RESPONDENTS, v. CITY OF ORANGE TOWNSHIP, DEFENDANT-APPELLANT.

Superior Court of New Jersey, Appellate Division.

Decided November 2, 1990.

Attorney(s) appearing for the Case

Michael Critchley, City Attorney, attorney for appellant.

Brach, Eichler, Rosenberg, Silver, Bernstein, Hammer & Gladstone, attorneys for respondents (Lance A. Posner and Charles X. Gormally, on the brief).

Before Judges ANTELL, O'BRIEN and SCALERA.

The opinion of the court was delivered by O'BRIEN, J.A.D.

Defendant appeals from a determination of the Law Division finding an ordinance concerning garbage, rubbish and refuse collection unconstitutional. We affirm.

In late 1988, the business administrator for the City of Orange Township (City) began to review the cost of garbage removal because of an anticipated fiscal crisis as a result of a reduction in state aid. On his recommendation, Ordinance # 5-89...

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