DUNN v. STATE, DEPT. OF HUMAN SERVICES


711 A.2d 944 (1998)

312 N.J. Super. 321

Thomas G. DUNN, Mayor of the City of Elizabeth, Plaintiff, and The City of Elizabeth, Plaintiff-Respondent, and Jewish Educational Center, a nonprofit corporation of the State of New Jersey, Robert and Rebecca Heizler, Gino and Biagia Terrana, Steven and Aviva Singfer, Edward and Chavvah Schwartz, Joseph and Sandra Waldman, Frank and Gladys Aguirre, Emil and Shirley Hyman, Joseph and Deborah Oratz, William and Ida Hashkowitz, Irwin and Edith Bruck, Arthur and Helene Scheuer, Stanley Gutowski, Joseph and Belle Lava, Jules and Ann Brotsky, Peter and Joyce Puglese, Ben and Myra Greenblatt, Victor and Mimi Cohen, Arthur and Reda Rifkin, Leonard and Sarah Sausen, Martin and Sheila Nashofer, Shirley Sausen, Shalom and Charlotte Rakovsky, David and Marily Cheslow, Joseph and Helene Wenger, Joseph and Molly Rothstein, Loenard and Annette Lauer, Michael and Geraldine Bergman, Cyril Ian and Edna Alexander, Moshe and Cheryl Abramowitz, Avraham and Rivka Pinsker, Gordon and Yanina Haas, Howard and Hadassa Goldsmith, Sheldon and Janice Weinreb, Louis and Sylvia Schneider, Ronald and Rivka Gross, Matthew and Amy Troop, Neil and Mavis Rosenstein, Hobart and Ahuva Spitz, Joseph and Hanna Goldberg, Mark and Zilpah Nulman, Daniel and Deborah Sheinbein, Nicholas and Gladys Rivero, Getty and Renee Krul, Herbert and Beth Russ, and Mary Kennedy, Glen and Lisa Bond; Leonard and Lauren Albuquerque; Thomas and Mary Noonan; Solomon Galimidi; James and Rose Keenan; Nelson and Monica Cedeno; Irving and Eva Goldstone; Steven and Karen Ostrove; Seymour and Phyllis Bruck; Mohammad and Bibi Haniff; David and Faige Horning; Al and Miriam Reisman; Kenneth and Susan Mandel; John and Carol Cascio; Peter and Joyce Puglese; Jacqueline Koplowitz; Louis and Laura Fleischman; Jonathan and Bela Wayne; and Vincent Scult, et ux, Plaintiffs/Intervenors, v. STATE of New Jersey, DEPARTMENT OF HUMAN SERVICES; Alan J. Gibbs, Commissioner of the Department of Human Services; and Social, Educational, Residential and Vocational Programs of New Jersey, Inc., a non-profit corporation, Defendants, and Peter Moriello and Samuel Lachs, Defendants-Appellants.

Superior Court of New Jersey, Appellate Division.

Decided June 15, 1998.


Attorney(s) appearing for the Case

Robert Brotman, Elizabeth, for defendants-appellants (Mr. Brotman, of counsel and on the joint brief).

Raymond T. Bolanowski, First Assistant City Attorney, for plaintiff-respondent (William R. Holzapfel, City Attorney, attorney; Mr. Bolanowski, on the brief).

Before Judges PRESSLER, WALLACE and CARCHMAN.


The opinion of the court was delivered by

CARCHMAN, J.S.C. (temporarily assigned).

Defendants Peter Moriello and Samuel Lachs owned real estate located at 637 Livingston Road, in City of Elizabeth (plaintiff or City). Defendant Social, Educational, Residential and Vocational Programs of New Jersey, Inc. (SERV), contracted to purchase this property for the purpose of converting it to use as a group home for eight emotionally disturbed teenagers. Funding was...

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