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DKM v. TP. OF MONTGOMERY

865 A.2d 649 (2005)

182 N.J. 296

DKM RESIDENTIAL PROPERTIES CORP., Plaintiff, v. The TOWNSHIP OF MONTGOMERY and The Construction Board of Appeals of the Township of Montgomery, Defendants-Appellants.

Supreme Court of New Jersey.

Decided January 24, 2005.

Attorney(s) appearing for the Case

Trishka Waterbury, Princeton, argued the cause for appellants (Mason Griffin & Pierson, attorneys; Ms. Waterbury and Kristina P. Hadinger, of counsel).

William John Kearns, Jr., Willingboro, argued the cause for amici curiae New Jersey State League of Municipalities and New Jersey Institute of Local Government Attorneys (Kearns, Vassallo & Kearns, attorneys).

Christine D. Petruzzell, Woodbridge, argued the cause for amicus curiae New Jersey Builders Association (Wilentz, Goldman & Spitzer, attorneys).

Justice LaVECCHIA delivered the opinion of the Court.

We granted certification in this matter to determine whether the Uniform Construction Code Act, N.J.S.A. 52:27D-119 to -141 (UCC Act), permits a municipal construction official to cite a developer for a construction code violation in respect of property that has been conveyed and for which a certificate of occupancy has issued. The Appellate Division concluded that municipal officials lacked authority to...

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