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TOWNSHIP OF WEST ORANGE v. WHITMAN

Civil Action No. 98-1070.

8 F.Supp.2d 408 (1998)

TOWNSHIP OF WEST ORANGE; Lauren Massader, Individually and on Behalf of Her Infant Child, Zachary Massader; Katherine Howland; and Elizabeth Shelley, Plaintiffs, v. Christine Todd WHITMAN, Governor of the State of New Jersey; Peter G. Verniero, Attorney General of the State of New Jersey; William Waldman, Commissioner of the Department of Human Services of the State of New Jersey; Alan Kaufman, Director of the Division of Mental Health Services of the Department of Human Services of the State of New Jersey; U.S. Department of Housing and Urban Development; and Project Live, Inc., Defendants.

United States District Court, D. New Jersey.

April 29, 1998.

Attorney(s) appearing for the Case

Alpert & Levy, Clark E. Alpert, West Orange, NJ, for Township of West Orange, Lauren Massader, Katherine Howland, Elizabeth Shelley.

Peter Verniero, Atty. Gen. of New Jersey, by Judith A. Nason, Deputy Atty. Gen., Trenton, NJ, for State Defendants.

Faith S. Hochberg, U.S. Atty., by Susan C. Cassell, Deputy Chief, Civil Div., Newark, NJ, for Dept. of Housing and Urban Development.

Jeffrey R. Kuschner, Montclair, NJ, for Project Live, Inc.

New Jersey Protection and Advocacy, Inc., Sarah W. Mitchell, Executive Director by Deborah Ann Wean, Managing Attorney, Trenton, NJ, for Current and Potential Residents and New Jersey Protection and Advocacy, Inc.

Hausman and Sunberg, by Kenneth M. Sunberg, Caldwell, NJ, for St. Cloud Civic Association.

OPINION

BISSELL, District Judge.

This matter comes before the Court on Plaintiffs' motion for a preliminary injunction and on cross-motions to dismiss the Complaint under Fed.R.Civ.P. 12(b)(6) by Defendants Whitman, Verniero, Waldman, and Kaufman ("the State Defendants"), by Defendant-Intervenors New Jersey Protection & Advocacy, Inc. ("NJP & A") and Residents and Prospective Residents of Project Live Community Residences in West Orange, who...

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