LAKE VALLEY ASSOCIATES, LLC, T/A UNIVERSITY PARK
APARTMENTS V. TOWNSHIP OF PEMBERTON
A-4040-07T2 02-01-10
Plaintiff, the owner of a large apartment complex in
Pemberton Township, 2brought an action in lieu of prerogative
writs facially challenging the constitutionality and statutory
validity of Ordinance No. 5-2006, adopted by the Township in May
2006. The ordinance imposes certain registration obligations
and other regulatory requirements on landlords within the
Township. Among other things, plaintiff argued that the
ordinance is not for a valid public purpose; violates due
process and separation-of-powers principles of the United States
Constitution and the New Jersey Constitution; and is preempted
by the Hotel and Multiple Dwelling Law, N.J.S.A. 55:13A-1 to -
28, and by other state statutes.
We affirm the Law Division's dismissal of plaintiff's
claims, substantially for the cogent reasons expressed by
Assignment Judge John A. Sweeney in his written opinion of
February 13, 2008, from which we quote at length in this
published opinion.
