Opinion

Hutton Park Gardens v. Town Council

  • 68 N.J. 543
  • 350 A.2d 1
  • 1975 N.J. LEXIS 165
Court
Supreme Court of New Jersey
Filed
Dec 11, 1975
Status
Published
Author
Conpoed
On the bench
Ashman, Conpoed
Cited by
56 cases

endorsing the position that “[w]ith the wisdom of the policy adopted, with the adequacy or practicability of the law enacted to forward it, the courts are both incompetent and unauthorized to deal.”

How later courts described this case

  • endorsing the position that “[w]ith the wisdom of the policy adopted, with the adequacy or practicability of the law enacted to forward it, the courts are both incompetent and unauthorized to deal.”
  • reaching similar conclusion in context of rent control
  • 6 Justices + 1 judge temporarily assigned
  • test of constitutionality of rent control

Written by the judges who cited it.

The opinion

Conpoed, P. J. A. D.,

Temporarily Assigned (concurring). I join the court’s opinion except as to the references to public utility rate cases in connection with the matter of “fair return”. See my concurring opinion in Troy Hills Village v. Parsippany-Troy Hills, 68 N. J. 604 (1975).

Justice Clippoed joins in this concurring opinion.

Clippoed, J., and Conpoed, P. J. A. D., concurring in the result.

For reversal and remandment in Hutton Parle Gardens•— Chief Justice Hughes, Justices Mountain, Sullivan,

*576 Pashman, Clifford and Schreiber and Judge Conford —7.

For affirmance — None.

For affirmance and remandmmt in Cosden — Chief Justice Hughes, Justices Mountain, Sullivan, Pashman, Clifford and Schreiber and Judge Conford — 7.

For reversal — None.

This is a copy of a public record, reproduced as it was published. It is not legal advice, and it may not be the version a court would rely on. Check the official source before you cite it.

A word about cookies

We need a few to keep you signed in and the library working. The rest help us see which pages people use and where they get stuck. They stay off unless you say yes.