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AQUA BEACH v. DEPT. OF CMTY. AFFAIRS

890 A.2d 922 (2006)

186 N.J. 5

AQUA BEACH CONDOMINIUM ASSOCIATION, a not-for-profit Corporation of the State of New Jersey, Petitioner-Appellant, v. DEPARTMENT OF COMMUNITY AFFAIRS, BUREAU OF HOMEOWNER PROTECTION, NEW HOME WARRANTY PROGRAM, Respondent-Respondent.

Supreme Court of New Jersey.

Decided January 18, 2006.

Attorney(s) appearing for the Case

Norman W. Briggs, Philadelphia, PA, argued the cause for appellant (Frey Petrakis Deeb Blum Briggs & Mitts, attorneys; Mr. Briggs and Michele L. Weckerly, on the brief).

Patricia E. Stern, Deputy Attorney General, argued the cause for respondent (Peter C. Harvey, Attorney General of New Jersey, attorney; Patrick DeAlmeida, Assistant Attorney General, of counsel).

JUSTICE RIVERA-SOTO delivered the opinion of the Court.

This appeal requires that we address two related issues that arise out of the operation of the New Home Warranty Program administered by the Bureau of Homeowner Protection (Bureau) of the Department of Community Affairs (DCA). First, we must address whether, under the circumstances presented, the Bureau's processing and ultimate denial of certain home warranty claims was arbitrary, capricious or unreasonable...

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