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41 MAPLE ASSOC. v. COMMON COUNCIL

276 N.J. Super. 613 (1994)

648 A.2d 732

41 MAPLE ASSOCIATES, A LIMITED PARTNERSHIP AND 47 MAPLE STREET COMPANY, A PARTNERSHIP, PLAINTIFFS-APPELLANTS, v. COMMON COUNCIL OF THE CITY OF SUMMIT AND THE CITY OF SUMMIT, DEFENDANTS-RESPONDENTS.

Superior Court of New Jersey, Appellate Division.

Decided October 13, 1994.

Attorney(s) appearing for the Case

James G. Webber argued the cause for appellants (Dempsey, Dempsey & Sheehan, attorneys; Mr. Webber on the brief).

Mark T. McMenamy argued the cause for respondents (Bressler, Amery & Ross, attorneys; Mr. McMenamy and Daniel T. Kopec, on the brief).

Before Judges J.H. COLEMAN, DREIER and VILLANUEVA.

The opinion of the court was delivered by DREIER, J.A.D.

Plaintiffs appeal from the dismissal of their action for inverse condemnation and for damages under 42 U.S.C.A. § 1983. Plaintiffs are two partnerships the principals of which are Howard Walters and Barry Walters. The partnerships own lots 23 and 24, block 151 on the tax map of the City of Summit, commonly known as 41-47 Maple Street, Summit. The brothers' partnership already owned 47 Maple Street...

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