MATTER OF 560 OCEAN CLUB, L.P.

Bankruptcy No. 90-12450, Adv. No. 91-1264.

133 B.R. 310 (1991)

In the Matter of 560 OCEAN CLUB, L.P., Debtor. 560 OCEAN CLUB, L.P., Alan I. Gould, Trustee in Bankruptcy for 560 Ocean Club, L.P. and RTU Legal Committee of Members, Plaintiffs, v. OCEAN CLUB CONDOMINIUM ASSOCIATION, a New Jersey not-for-profit corporation and City of Atlantic City, a Municipal Corporation of New Jersey, Defendants.

United States Bankruptcy Court, D. New Jersey.

October 24, 1991.


Attorney(s) appearing for the Case

Alan I. Gould, Cooper, Perskie, April, Niedelman, Wagenheim & Levenson, Atlantic City, N.J., for trustee.

E. Richard Kennedy, Montville, N.J., Thomas Heitzman and Hannoch Weisman, Trenton, N.J., for Ocean Club Condominium Ass'n.

John M. Donnelly, Clapp & Eisenberg, Atlantic City, N.J., for RTU Legal Committee of Members.

Michael Land, Atlantic City, N.J., for debtor 560 Ocean Club, L.P.

Judith Reich, Drinker, Biddle & Reath, Princeton, N.J., for Cent. Pennsylvania Sav. Ass'n.

Samual D. Lashman, Parker, McCay & Criscuolo, Linwood, N.J., for City of Atlantic City.


OPINION ON MOTION OF PLAINTIFFS FOR PARTIAL SUMMARY JUDGMENT AND CROSS-MOTION OF DEFENDANT OCEAN CLUB CONDOMINIUM ASSOCIATION FOR SUMMARY JUDGMENT

JUDITH H. WIZMUR, Bankruptcy Judge:

Plaintiffs seek partial summary judgment on Counts 1 and 3 of the adversary complaint. In particular, plaintiffs seek a declaration that a regulation enacted by the Ocean Club Condominium Association (OCCA) restricting leasing opportunities of Ocean Club unit owners be declared...

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