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LEAGUE OF MUN. v. DEPT. OF COMMUNITY AFFAIRS

310 N.J. Super. 224 (1998)

NEW JERSEY STATE LEAGUE OF MUNICIPALITIES, AN ORGANIZATION OF MUNICIPALITIES; BOROUGH OF ELMER, A MUNICIPAL CORPORATION; TOWNSHIP OF PLAINSBORO, A MUNICIPAL CORPORATION; CITY OF PATERSON, A MUNICIPAL CORPORATION; GEORGE FERENSICK, AN INDIVIDUAL; ET AL., APPELLANTS, v. DEPARTMENT OF COMMUNITY AFFAIRS AND JANE M. KENNY, COMMISSIONER, RESPONDENTS.

Superior Court of New Jersey, Appellate Division.

Decided March 16, 1998.

Attorney(s) appearing for the Case

Stuart R. Koenig argued the cause for appellants (Stickel, Koenig & Sullivan, attorneys; Mr. Koenig, on the brief).

Keith A. Costill, Deputy Attorney General, argued the cause for respondents (Peter Verniero, Attorney General, attorney; Joseph L. Yannotti, Assistant Attorney General, of counsel; Mr. Costill, on the brief).

Hill Wallack, attorneys for amicus curiae New Jersey Builders Association (Thomas F. Carroll, III, on the brief).

Before Judges MUIR, Jr., CUFF, and STEINBERG.

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

Appellants, representing interests of this State's 567 municipalities, challenge the facial validity of regulations for residential site improvement standards promulgated by the Department of Community Affairs (DCA) under the Residential Site Improvement Standards Act (Act). N.J.S.A. 40:55D-40.1 to -40.7. At issue is whether the DCA acted within its delegated authority when it promulgated the regulations...

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