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SQUARE BRIGHTON v. ATLANTIC CITY

287 N.J. Super. 450 (1996)

671 A.2d 203

SQUARE BRIGHTON CORPORATION, INC., A NEW JERSEY CORPORATION, AND FLOYD JAMES, A TAXPAYER OF ATLANTIC CITY, PLAINTIFFS-APPELLANTS, v. THE CITY OF ATLANTIC CITY, A MUNICIPAL CORPORATION AND BODY POLITIC OF THE STATE OF NEW JERSEY, GREATE BAY HOTEL AND CASINO, INC. T/A "SANDS HOTEL & CASINO", A NEW JERSEY CORPORATION, CYNWYD INVESTMENTS, AND BOARDWALK REGENCY CORPORATION, A NEW JERSEY CORPORATION, DEFENDANTS-RESPONDENTS.

Superior Court of New Jersey, Appellate Division.

Decided February 22, 1996.

Attorney(s) appearing for the Case

Edward N. FitzPatrick argued the cause for appellants Square Brighton Corporation, Inc. and Floyd James (DeCotiis, FitzPatrick & Gluck and McGahn & Friss, attorneys; Mr. FitzPatrick and Patrick T. McGahn, Jr., of counsel; Mr. FitzPatrick, Mr. McGahn and Agnes I. Rymer, on the brief).

Daniel A. Corey, argued the cause for respondent The City of Atlantic City (Mr. Corey, City Solicitor, attorney; Mr. Corey, of counsel; Mr. Corey and John M. Eccles, Jr., on the brief).

Stephen R. Nehmad argued the cause for respondent Greate Bay Hotel and Casino, Inc., t/a "Sands Hotel & Casino" (Perskie & Nehmad, attorneys; Mr. Nehmad, of counsel; Mr. Nehmad and Richard F. DeLucry, on the brief).

No brief or appearance was filed on behalf of respondents CYNWYD Investments and Broadwalk Regency Corporation.

Before Judges MICHELS, VILLANUEVA and KIMMELMAN.

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

Plaintiffs Square Brighton Corporation, Inc. (Square) and Floyd James (James) appeal from a summary judgment of the Law Division entered in favor of defendants The City of Atlantic City (Atlantic City), Greate Bay Hotel and Casino, Inc., t/a "Sands Hotel & Casino" (Sands), CYNWYD Investments (CYNWYD) and Boardwalk Regency Corporation (Boardwalk) that declared Atlantic City Ordinance No. 61 of 1994 valid...

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