DELANEY v. CAPONE

Nos. 80-1776 to 80-1778.

642 F.2d 57 (1981)

James DELANEY and Helen Delaney, t/a 290 Madison Corporation, 290 Madison Corporation, a New Jersey Corporation, and James Delaney and Helen Delaney v. CAPONE, Carmine E., James J. Brown, Raymond M. Codey, Anthony Della Salla, Ernest Monfiletto, Patricia Juliano, Benjamin F. Jones, Michael Marucci, Joel L. Shain, Quincy Lucarello, Past and Present Commissioners and Councilmembers of the City of Orange; Edward Ferrari, Beverly Savage, Marion Stewart, Ralph Perrella, Kenneth Condon, Frank M. Pannucci, Jr., Sean McCarthy, R. Frank Curry, Arnold Reiter, Stanley Robinson, Past and Present Members of the Rent Leveling Board of the City of Orange; Essex County Legal Services Corporation, and John Atlas, 290 Madison Corporation and James Delaney and Helen Delaney, Appellants in 80-1776, Edward Ferrari, Beverly Savage, Marion Stewart, Ralph Perrella, Kenneth Condon, Frank M. Pannucci, Jr., Sean McCarthy, R. Frank Curry, Arnold Reiter, Stanley Robinson, Past and Present Members of the Rent Leveling Board of the City of Orange, Appellants in 80-1777, Carmine E. Capone, James J. Brown, Raymond M. Codey, Anthony Della Salla, Ernest Monfiletto, Patricia Juliano, Benjamin F. Jones, Michael Marucci, Joel L. Shain, Quincy Lucarello, Past and Present Members of the City of Orange Board of Commissioners and Councilmembers, Appellants in 80-1778.

United States Court of Appeals, Third Circuit.

Decided February 27, 1981.


Attorney(s) appearing for the Case

Anthony M. Mahoney (argued), and Dennis M. Mahoney, Mahoney & Mahoney, Westfield, N. J., for appellants in No. 80-1776.

Alfonso C. Viscione (argued), Orange, N. J., for appellants in No. 80-1777.

Francis J. Dooley (argued), Orange, N. J., for appellants in No. 80-1778.

Before GIBBONS, VAN DUSEN and WEIS, Circuit Judges.


OPINION OF THE COURT

PER CURIAM:

Alleging that unconstitutional actions of the defendant city officials caused the loss of an apartment building through foreclosure, the plaintiffs brought suit under 42 U.S.C. § 1983 (1976). Their principal contention was that the income from the building was reduced, and the building itself eventually lost, through the actions of a rent leveling board created by a city ordinance. Inverse condemnation challenges to...

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