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N.J. ST. LEAGUE OF MUN. v. STATE

257 N.J. Super. 509 (1992)

608 A.2d 965

NEW JERSEY STATE LEAGUE OF MUNICIPALITIES, A PUBLIC AGENCY OF THE STATE OF NEW JERSEY; TOWN OF SECAUCUS, A MUNICIPAL CORPORATION OF THE STATE OF NEW JERSEY; TOWNSHIP OF SPARTA, A MUNICIPAL CORPORATION OF THE STATE OF NEW JERSEY; TOWNSHIP OF BLOOMFIELD, A MUNICIPAL CORPORATION OF THE STATE OF NEW JERSEY; CITY OF ORANGE TOWNSHIP, A MUNICIPAL CORPORATION OF THE STATE OF NEW JERSEY; TOWNSHIP OF SOUTH BRUNSWICK, A MUNICIPAL CORPORATION OF THE STATE OF NEW JERSEY; TOWNSHIP OF FLORENCE, A MUNICIPAL CORPORATION OF THE STATE OF NEW JERSEY; PAUL SHALITA T/A QUENTIN GARDENS; DONALD F. MANSEAU AND BARBARA MANSEAU, PLAINTIFFS-RESPONDENTS, v. THE STATE OF NEW JERSEY, DEFENDANT-APPELLANT.

Superior Court of New Jersey, Appellate Division.

Supplemental Briefs requested on March 16, 1992..

Submitted May 26, 1992.

Decided June 29, 1992.

Attorney(s) appearing for the Case

Daniel P. Reynolds, Deputy Attorney General, argued the cause for appellant (Robert J. Del Tufo, Attorney General, attorney; Michael R. Clancy, Assistant Attorney General, of counsel; Daniel P. Reynolds, on the brief).

Michael A. Pane argued the cause for respondents.

Lawrence H. Wertheim argued the cause for amicus curiae Community Associations Institute, New Jersey Chapter, Inc. (Greenbaum, Rowe, Smith, Ravin & Davis, attorneys; Benjamin D. Lambert, of counsel; Lawrence H. Wertheim, on the amicus curiae brief).

Before Judges SHEBELL, SKILLMAN and D'ANNUNZIO.

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

At issue is the constitutionality under the Federal and State Constitutions of an Act requiring municipalities to provide or pay for certain municipal services to condominiums and other "qualified private communities." The Law Division held that the Act was underinclusive, and hence violative of equal-protection guarantees, because it expressly excluded apartment complexes from the class of benefited forms...

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