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ATLANTIC CITY v. CYNWYD INV.

287 N.J. Super. 442 (1996)

671 A.2d 199

THE CITY OF ATLANTIC CITY, A MUNICIPAL CORPORATION, PLAINTIFF-RESPONDENT, v. CYNWYD INVESTMENTS, A PENNSYLVANIA PARTNERSHIP, SQUARE BRIGHTON CORPORATION, INC., A NEW JERSEY CORPORATION, AND GREATE BAY HOTEL AND CASINO, INC., T/A SANDS HOTEL & CASINO, A NEW JERSEY CORPORATION, DEFENDANTS-RESPONDENTS, AND CORE STATES NJ NATIONAL BANK, ATLANTIC CITY ELECTRIC COMPANY, T/A ATLANTIC ELECTRIC, A NEW JERSEY CORPORATION, AND THE STATE OF NEW JERSEY, DEFENDANTS, AND BOARDWALK REGENCY CORPORATION, A NEW JERSEY CORPORATION, DEFENDANT-APPELLANT. THE CITY OF ATLANTIC CITY, A MUNICIPAL CORPORATION, PLAINTIFF-RESPONDENT, v. CYNWYD INVESTMENTS, A PENNSYLVANIA PARTNERSHIP, GREATE BAY HOTEL AND CASINO, INC., T/A SANDS HOTEL & CASINO, A NEW JERSEY CORPORATION, AND BOARDWALK REGENCY CORPORATION, A NEW JERSEY CORPORATION, DEFENDANTS-RESPONDENTS, AND CORE STATES NJ NATIONAL BANK, ATLANTIC CITY ELECTRIC COMPANY, T/A ATLANTIC ELECTRIC, A NEW JERSEY CORPORATION, AND THE STATE OF NEW JERSEY, DEFENDANTS, AND SQUARE BRIGHTON CORPORATION, INC., A NEW JERSEY CORPORATION, DEFENDANT-APPELLANT.

Superior Court of New Jersey, Appellate Division.

Decided February 22, 1996.

Attorney(s) appearing for the Case

Lloyd D. Levenson argued the cause for appellant Boardwalk Regency Corporation in A-3709-94T3 (Cooper Perskie April Niedelman Wagenheim & Levenson, attorneys; Mr. Levenson, on the brief).

Edward N. FitzPatrick argued the cause for appellant Square Brighton Corporation, Inc. in A-3782-94T3 (DeCotiis, FitzPatrick & Gluck, attorneys; Mr. FitzPatrick and Patrick T. McGahn, Jr., of counsel; Agnes I. Rymer, on the brief).

Daniel A. Corey, City Solicitor, argued the cause for respondent City of Atlantic City in both appeals (Mr. Corey and John M. Eccles, Jr., on the briefs).

John H. Rosenberger argued the cause for respondent Cynwyd Investments in both appeals (Perillo and Rosenberger, attorneys; Mr. Rosenberger, on the brief).

Stephen R. Nehmad argued the cause for respondent Greate Bay Hotel and Casino, Inc. in both appeals (Perskie & Nehmad, attorneys; Mr. Nehmad, of counsel; Richard F. DeLucry, on the briefs).

Before Judges MICHELS, VILLANUEVA, and KIMMELMAN.

The opinion of the court was delivered by KIMMELMAN, J.A.D. (temporarily assigned).

In separate appeals which have been consolidated for the purpose of argument and decision, defendant Square Brighton Corporation, Inc. (Square Brighton) and defendant Boardwalk Regency Corporation (BRC) appeal from an order entered March 17, 1995, upholding the condemnation complaint filed by plaintiff City of Atlantic City (City) and sanctioning the City's right to exercise its power...

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