MIDDLE DEPT. INSP. v. COMM. AFFAIRS


278 N.J. Super. 573 (1995)

651 A.2d 1060

MIDDLE DEPARTMENT INSPECTION AGENCY, INC., AND GARDEN STATE ELECTRICAL INSPECTION SERVICES, INC., APPELLANTS, v. NEW JERSEY DEPARTMENT OF COMMUNITY AFFAIRS, DIVISION OF HOUSING AND DEVELOPMENT, RESPONDENT.

Superior Court of New Jersey, Appellate Division.

Decided January 24, 1995.


Attorney(s) appearing for the Case

Richard A. Levao argued the cause for appellant Middle Department Inspection Agency, Inc. (Shanley & Fisher, attorneys; Mr. Levao and Joseph M. Cerra, on appellants' joint brief).

Stephen J. Edelstein argued the cause for appellant Garden State Electrical Inspection Services, Inc. (Schwartz, Simon, Edelstein, Celso & Kessler, attorneys; Mr. Edelstein and Pamela T. Hanback, on appellants' joint brief).

Daniel P. Reynolds, Deputy Attorney General, argued the cause for respondent (Deborah T. Poritz, Attorney General, attorney; Joseph L. Yannotti, Assistant Attorney General, of counsel; Mr. Reynolds, on the brief).

Hutt & Berkow, attorneys for Amicus Curiae New Jersey Builders Association (Stewart M. Hutt, of counsel and on the brief; Susan R. Kaplan, on the brief).

Before Judges BRODY, LONG and PAUL G. LEVY.


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

Appellants, private inspection and plan review agencies, challenge the validity of certain amendatory regulations adopted by the Commissioner of the Department of Community Affairs (Department) pursuant to N.J.S.A. 52:27D-124i(2) (the statute), a section of the State Uniform Construction Code Act, 52:27D-119 et seq. The Code offers municipalities four choices when selecting people to review construction...

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