Legal Opinion
DKM Residential Properties Corp. v. Township of Montgomery
New Jersey Superior Court Appellate Division
Decided September 15, 2008PublishedCited by 7 opinions
1Opinion of the Court
The opinion of the court was delivered by
WECKER, J.A.D.
This appeal presents a question of first impression concerning the power of a municipal construction official to issue a notice of violation to a residential builder years after a certificate of occupancy was issued and title transferred to the new homeowner. Both plaintiff, DKM Residential Properties Corporation (“DKM”), and defendants, Township of Montgomery (“Montgomery”) and the Montgomery Construction Board of Appeals (“the Board”), agree that the scope of the municipal officer’s jurisdiction is solely a legal issue. Both parties…
2Cases cited7 opinions
- Mayflower Securities Co. v. Bureau of SecuritiesSupreme Court of New Jersey · 1973
- Bd. of Ed. of Tp. of Neptune v. NEPTUNE TP. ED. ASSOC.Supreme Court of New Jersey · 1996
- Brock v. Public Service Electric & Gas Co.Supreme Court of New Jersey · 1997
- Costantino v. VentrigliaNew Jersey Superior Court Appellate Division · 1999
- Cyktor v. Aspen Manor Condominium Ass'nNew Jersey Superior Court Appellate Division · 2003
2 more not listed; retrieve them via the Exa API.
3Cited by7 opinions
- Vas v. RobertsNew Jersey Superior Court Appellate Division · 2011
- DKM Residential Properties Corp. v. Township of MontgomerySupreme Court of New Jersey · 2005
- Reyes v. EgnerNew Jersey Superior Court Appellate Division · 2009
- Natural Medical, Inc. v. New Jersey Department of Health & Senior ServicesNew Jersey Superior Court Appellate Division · 2012
- Dean v. Barrett Homes, Inc.Supreme Court of New Jersey · 2010
2 more not listed; retrieve them via the Exa API.