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TALL TIMBERS PROP. OWNERS v. DCA.

No. A-0336-08T1

992 A.2d 811 (2010)

413 N.J. Super. 54

TALL TIMBERS PROPERTY OWNERS ASSOCIATION, INC., Pleasant Acres Farm Campground, Inc., Edward Tilton and Deanna Tilton, Appellants, v. NEW JERSEY DEPARTMENT OF COMMUNITY AFFAIRS, Respondent.

Superior Court of New Jersey, Appellate Division.

Decided April 26, 2010.

Attorney(s) appearing for the Case

Dennis A. Estis, Woodbridge, argued the cause for appellants (Greenbaum, Rowe, Smith & Davis, attorneys; Mr. Estis, of counsel and on the briefs; Luke J. Kealy and Robert J. Flanagan, III, on the briefs).

Julie Cavanagh, Deputy Attorney General, argued the cause for respondent (Paula T. Dow, Acting Attorney General, attorney; Melissa Raksa, Assistant Attorney General, of counsel; Ms. Cavanagh, on the brief).

Before Judges SKILLMAN, FUENTES and SIMONELLI.

The opinion of the court was delivered by

SKILLMAN, P.J.A.D.

On November 30, 2006, the Department of Community Affairs (DCA) adopted an interpretive regulation, N.J.A.C. 5:23-9.3, which determined that recreational park trailers are subject to the State Uniform Construction Code (Code), adopted under the authority of the Uniform Construction Code Act (UCC Act), N.J.S.A. 52:27D-119 to -141. On June 17, 2008, the DCA adopted a new set of regulations...

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