State v. Woodlands Condominium Ass'n

HAMLIN, J.S.C.

This is a de novo appeal from a determination by the Edison Township Municipal Court. It presents two questions of first impression: the right of the State to appeal an adverse determination by the municipal court pursuant to R. 2:3-1 and the applicability of N.J.S.A. 26:4A-1 et seq. to swimming pools operated and used solely by condominium owners and their invited guests within the context of a quasi-criminal prosecution in the municipal courts.

The procedural history is significant. On June 29, 1984 an officer of the Edison Health Department issued two summons to the Woodlands…