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Mulligan v. Panther Valley Property Owners Ass'n

Superior Court of New Jersey, Apellate Division (2006)

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Mulligan v. Panther Valley Property Owners Ass'n

766 A.2d 1186 (2001)

Superior Court of New Jersey, Apellate Division (2006)

Facts

Elinor Mulligan (plaintiff) lived in a private common-interest community governed by the Panther Valley Property Owners Association (the association) (defendant). In 1998, the association amended its restrictive covenants to prohibit registered Tier 3 sex offenders from living in the community. Mulligan brought suit arguing that the amendment (1) unlawfully infringed her right to alienate her property because it prevented her from selling or leasing to sex offenders; (2) required her to illegally seek out and identify sex offenders; and (3) contravened public policy by unfairly restricting housing for a certain group. The trial court upheld the amendment in a summary proceeding. Mulligan appealed.

Rule of Law

Issue

Holding and Reasoning (Wefing, J.)

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