Opinion

DKM Residential Properties Corp. v. Township of Montgomery

  • 363 N.J. Super. 80
  • 831 A.2d 110
Court
New Jersey Superior Court Appellate Division
Filed
Sep 15, 2008
Status
Published
Author
Wefing
On the bench
Wecker, Wefing
Cited by
7 cases

describing EIFS as “an exterior, synthetic, stucco-like finish” applied to a home

How later courts described this case

  • describing EIFS as “an exterior, synthetic, stucco-like finish” applied to a home

Written by the judges who cited it.

The opinion

WEFING, J.A.D.,

concurring.

I concur in the views expressed by Judge Wecker in her thorough opinion. I write separately simply to note the limited context in which this dispute arises.

We are not confronted with any question of certificates of occupancy having been issued as the result of any improper solicitations on the part of DKM. Nor are we presented with the efforts of a municipality to rehabilitate its distressed housing stock which deteriorated and was abandoned as a result of shoddy construction. Such instances might present different policy considerations than those which we confront in this case.

The understandable desire of a municipality to afford prompt relief to its residents, taxpayers and voters cannot serve as a predicate for jurisdiction in a dispute such as this, which is essentially private in nature.

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.