State v. Ehrman

An enforcement officer issued Ehrman 25 complaint-summonses alleging housing code violations. Ehrman filed a motion in municipal court to dismiss the complaints on the ground that under the Revised Uniform Limited Liability Company Act (RLLCA), N.J.S.A. 42:2C-1 to -94, he could not be named individually in the complaints when it was undisputed that the property was owned by an LLC of which he was a member. The trial court denied the motion. The New Jersey Appellate Division reversed. The controversy in the appeal was whether a municipal court complaint-summons issued to the wrong defendant must be dismissed or may be amended. The Court ruled that, here, the complaint-summonses were issued to the wrong party. This fatal defect was not subject to amendment under either Rule 7:2-5 or Rule 7:14-2. The record owner of the rental property cited for the violations and the facially responsible party under the RLLCA was indisputably the LLC, not Ehrman, its member.

Ehrman