WHS Realty Co. v. Town of Morristown

This is an appeal by the owner of a garden apartment complex containing 140 rental units. The owner challenges the constitutionality of the Morristown garbage collection ordinance. The *628ordinance excludes from municipal garbage collection apartment complexes with four or more rental units, except such complexes in which a majority of the units are separately owned in fee or as condominiums. The Law Division found the ordinance is unconstitutional. The Appellate Division affirmed, with Judge Petrella dissenting.

We reverse the judgment of the Appellate Division substantially for the reasons…