MARKET STREET MISSION

v.

BUREAU OF ROOMING AND BOARDING HOUSE STANDARDS, NEW JERSEY DEPARTMENT OF COMMUNITY AFFAIRS

Citator

Cited By

• Salvation Army (The) v. Dep't OF Cmty. Affairs OF the State OF NEW Jersey, 919 F.2d 183 (3d Cir. 1990)
  …nitary conditions that existed in many of these facilities. See Market Street Mission v. Bureau of Rooming and Boarding House Standards, Department of Community Affairs, State of New Jersey, 110 N.J. 335, 541 A. 2d 668, 671 (N.J.), appeal dismissed, 488 U.S. 882, 109 S.Ct. 209, 102 L.Ed.2d 201 (1988); see generally Gordon & Lazarus, New Jersey’s Rooming and Boarding House Act: Its Effects and Effectiveness, 12 Seton Hall L.Rev. 484 (1982). But the Act as written goes far beyond this initial motivation to…
• Fortney v. United States, 912 F.2d 722 (4th Cir. 1990)
  …ntiffs then appealed to the Supreme Court, which granted certiorari, and vacated and remanded this case for further consideration in light of Berkovitz v. United States, 486 U.S. 531, 108 S.Ct. 1954, 100 L.Ed.2d 531 (1988). Fortney v. United States, 488 U.S. 882, 109 S.Ct. 210, 102 L.Ed.2d 202 (1988). Berkovitz, discussed infra, clarified the test for when the DFE is applicable. Four Justices dissented from the granting of certiorari, and Justice Scalia wrote an opinion setting out the dissenters’ views. Ju…