Jersey Central Power & Light Co. v. Kingsley Arms, Inc.

FISHER, J.S.C.

Before this court is the objection, pursuant to R. 4:59, of defendant Asbury Park Housing Authority (“APHA”) to a levy *72placed upon its bank accounts by plaintiff Kingsley Arms, Inc. (“Kingsley”). Kingsley has cross-moved for an order compelling a turnover of the funds which have been levied upon. These motions call into question the meaning, scope and, most significantly, the constitutionality of N.J.S.A. 4QA.12A-M.1

Our courts have never addressed the constitutionality of N.J.S.A. 40A:12A-34, and have rarely addressed the meaning or scope of N.J.S.A 40A:12A-34 or other similar…