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Troy Hills Village Inc. v. Fischler

New Jersey Superior Court, Appellate Division


Decided: January 29, 1973.

TROY HILLS VILLAGE, INC., A CORPORATION OF THE STATE OF NEW JERSEY, PLAINTIFF-APPELLANT,
v.
BRUCE FISCHLER AND BETH FISCHLER, HIS WIFE, AND GEORGE F. KUGLER, JR., ATTORNEY GENERAL OF NEW JERSEY, DEFENDANTS-RESPONDENTS

Fritz, Lynch and Joelson.

Per Curiam

[122 NJSuper Page 525]

The sole issue before us is the constitutionality of L. 1970, c. 210 (N.J.S.A. 2A:42-10.10 et seq.). The court below found the law constitutional and we agree, substantially for the reasons set forth in Judge Collins' written opinion, 122 N.J. Super. 572 (Law Div. 1971).

The matter reached us prematurely, a counterclaim not yet having been decided. We were advised at oral argument that defendant-tenants have moved; the counterclaim may be moot. In any event, we remand for disposition of the counterclaim.

Judgment denying plaintiff's motion for summary judgment and dismissing complaint is affirmed. Counterclaim is remanded for disposition. We do not retain jurisdiction.

19730129


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