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ANASTASIO v. PLANNING BD. OF TP. OF WEST ORANGE

209 N.J. Super. 499 (1986)

507 A.2d 1194

PAUL ANASTASIO, MARVIN GREENMAN AND ORESTO ANASTASIO, INDIVIDUALLY, AND T/A BRIAR HILL VILLAS COMPANY, A PARTNERSHIP, PLAINTIFFS-RESPONDENTS, v. PLANNING BOARD OF THE TOWNSHIP OF WEST ORANGE, JOSEPH BRENNAN, JR., JOSEPH ANTONUCCI, MARY LANNON, MARY ANDERSON, ALTON WILLIAMSON AND SAMUEL SPINA, DEFENDANTS-APPELLANTS, AND FRED W. LA BASTILLE AND JOSEPH BRENNAN, SR., DEFENDANTS.

Superior Court of New Jersey, Appellate Division.

Decided April 17, 1986.

Attorney(s) appearing for the Case

Thomas C. Brown argued the cause for appellant Planning Board of the Township of West Orange.

Thomas M. McCormack argued the cause for appellant Joseph Brennan, Jr. (McCormack & Petrolle, attorneys; Thomas M. McCormack and Kenneth W. Kayser on the brief).

Milton Malkin argued the cause for appellant Alton Williamson.

Francine A. Schott argued the cause for appellant Samuel Spina (Clapp & Eisenberg, attorneys).

Roy B. Greenman argued the cause for respondents (Thayer, Greenman & Budin, attorneys).

Fred G. Stickel, III, General Counsel, New Jersey State League of Municipalities, filed a brief amicus curiae (Robert F. Rogers, of counsel and on the brief).

Hutt, Berkow & Jankowski, filed a brief amicus curiae for the New Jersey Builders Association (Wayne J. Peck, on the brief).

Before Judges MORTON I. GREENBERG, J.H. COLEMAN and HAVEY.

The opinion of the court was delivered by MORTON I. GREENBERG, P.J.A.D.

This matter comes on before this court on appeal from a judgment for punitive damages in an action brought under the federal Civil Rights Act, 42 U.S.C.A. § 1983. The action was generated by difficulties plaintiff,1 a partnership engaged in real estate development, had in obtaining site plan approval for...

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