WHS Realty Co. v. Town of Morristown

The opinion of the court was delivered by

HAVEY, J.A.D.

By leave granted, defendants Township of Morristown, its May- or and Town Council and its Health and Public Works Departments, appeal from a partial summary judgment declaring a portion of the Township’s garbage collection ordinance unconstitutional. We affirm.

The Township’s ordinance provides for the collection of garbage from single-family residences, apartment complexes having less than four units and any housing complex consisting of four or more dwelling units in which the majority of such units are separately owned in fee or as…