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MULLIGAN FOUNDATION v. BROOKS

312 N.J. Super. 353 (1998)

WILLIAM G. MULLIGAN FOUNDATION FOR THE CONTROL OF FIRST AID SQUADDERS AND ROVING PARAMEDICS, A NEW JERSEY NONPROFIT CORPORATION, PLAINTIFF-APPELLANT, v. THOMAS S. BROOKS, KEVIN M. HAHN, SHARON L. FREEMAN, WILLIAM HERPICH, EDWARD NIEDZINSKI, SCOTT M. MINTER, LOUIS P. BONA, ART HORNUNG, AND FRANK J. VANORE, INDIVIDUALLY AND AS TRUSTEES ON THE BOARD OF TRUSTEES OF THE PANTHER VALLEY PROPERTY OWNERS ASSOCIATION, DEFENDANTS-RESPONDENTS.

Superior Court of New Jersey, Appellate Division.

Decided June 25, 1998.

Attorney(s) appearing for the Case

Frank Askin argued the cause for appellant (Mulligan & Mulligan, attorneys; Mr. Askin, Special Counsel and on the briefs).

Marilyn S. Silvia argued the cause for respondents (Hill Wallack, attorneys; Ms. Silvia, on the brief).

Before Judges STERN, KLEINER and KIMMELMAN.

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

Plaintiff appeals from the grant of summary judgment dismissing its complaint seeking to compel defendants, the trustees of the Panther Valley Property Owners Association (PVPOA), to publish plaintiff's advertisement in defendants' newsletter, The Panther. Plaintiff claims that defendants violated its right of free speech guaranteed under the New Jersey Constitution by refusing to

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