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  5. 876 F.Supp. 641 (1995)
 

KESSLER INST. FOR REHAB. v. ESSEX FELLS MAYOR

Civ. A. No. 94-2361(WGB).

876 F.Supp. 641 (1995)

KESSLER INSTITUTE FOR REHABILITATION, INC., in its own right and for and on behalf of its employees and patients; Sally Tannenbaum, Legal Guardian of Heather Benney; Heather Benny and United Association for Handicapped Persons, Inc., Plaintiffs, v. MAYOR AND COUNCIL OF the BOROUGH OF ESSEX FELLS, a municipality, and Borough of Essex Fells, Defendants.

United States District Court, D. New Jersey.

January 31, 1995.

Attorney(s) appearing for the Case

Lindabury, McCormick & Estabrook by Donald F. Nicolai, Jay Lavroff, Westfield, NJ, for plaintiffs.

Lum, Hoens, Conant, Danzis & Kleinberg by Dennis J. Drasco, Kevin J. O'Connor, Roseland, NJ, for defendants.

OPINION

BASSLER, District Judge:

Plaintiff, Kessler Institute for Rehabilitation, Inc. ("Kessler"), operates a health care facility for disabled persons in West Orange, New Jersey. In addition, Kessler owns a 12.5 acre tract of land, located a few miles away from its current facility and in the Borough of Essex Fells, New Jersey. Kessler purchased the site for construction of a second facility, to be used as a transitional

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