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JODECO, INC. v. HANN

Civ. A. No. 86-2699 (SSB).

674 F.Supp. 488 (1987)

JODECO, INC., a Corporation of the State of New Jersey, Plaintiff, v. Joseph HANN, individually and as Planning Board Vice-Chairman, Albert Spinelli, individually and as Planning Board Chairman, Robert Earl, individually and as member of the Planning Board, James Curran, individually and as member of the Planning Board, Jane Ciminera, individually and as member of the Planning Board, Roberta Acampora, individually and as member of the Planning Board, Robert Flynn, individually and as member of the Zoning Board, Russell Dusewicz, individually and as member of the Zoning Board, Robert Patterson, individually and as member of the Zoning Board, the Planning Board of the Township Voorhees, Zoning Board of the Township of Voorhees, Mayor and Council of the Township of Voorhees and Township of Voorhees, Defendants.

United States District Court, D. New Jersey.

December 4, 1987.

Attorney(s) appearing for the Case

Michael J. McKenna, Cherry Hill, N.J., for plaintiff.

Thatcher, Moss & McNeill by Frank W. Thatcher, Runnemede, N.J., for all defendants except Joseph Hann.

Rudd, McDonough & Feeley, Collingswood, N.J., for Joseph Hann.

Slimm, Dash & Goldberg by Marc B. Zingarini, Westmont, N.J., for defendants.

Quinlan, Dune & Kelley by Timothy J.P. Quinlan, Cherry Hill, N.J., for defendants Joseph Hann, Albert Spinelli, Robert Earl, James Curran, Jane Ciminera, Roberta Acampora and Planning Board of Voorhees Township.

OPINION

BROTMAN, District Judge:

I. INTRODUCTION

This dispute arises out of the rezoning by the Township of Voorhees, New Jersey, of an area encompassing a portion of plaintiff's property. Plaintiff alleges that such a rezoning plan and the municipality's denying him a use variance constitute, inter alia, a denial of its due process rights under the Fifth and Fourteenth Amendments to the United States Constitution. This matter is currently...

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