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BRYANT v. CITY OF ATLANTIC CITY

309 N.J. Super. 596 (1998)

LILLIAN E. BRYANT, CARL BRISCOE, TILLIE J. PETERSON, GUSTAVIA ELLIS, PIERRE HOLLINGSWORTH, MICHAEL F. JOHNSON, ELWOOD S. DAVIS, FIRST WARD CIVIC ASSOCIATION, THIRD WARD CIVIC ASSOCIATION, AND WEST SIDE PROTECTIVE HOMEOWNERS ASSOCIATION, PLAINTIFFS-APPELLANTS, v. THE CITY OF ATLANTIC CITY, AND THE MAYOR AND CITY COUNCIL OF THE CITY OF ATLANTIC CITY, DEFENDANTS-RESPONDENTS, AND MIRAGE RESORTS, INCORPORATED, DEFENDANT/INTERVENOR-RESPONDENT.

Superior Court of New Jersey, Appellate Division.

Decided April 8, 1998.

Attorney(s) appearing for the Case

Stanley C. Van Ness, argued the cause for appellants (Herbert, Van Ness, Cayci & Goodell, attorneys; Mr. Van Ness, of counsel, and on the brief; Karen L. Cayci, on the brief).

Paul A. Rowe, argued the cause for respondents, the City of Atlantic City, and the Mayor and City Council of the City of Atlantic City (Greenbaum, Rowe, Smith, Ravin, Davis & Himmel, attorneys; Mr. Rowe, of counsel; Alan S. Naar and Eric Wechselblatt, on the brief).

Gilbert Brooks, argued the cause for respondent, Mirage Resorts, Incorporated (Kozlov, Seaton, Romanini, Brooks & Greenberg, attorneys; Mr. Brooks, on the brief).

Before Judges SHEBELL, D'ANNUNZIO and A.A. RODRGUEZ.

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

On May 10, 1996, plaintiffs, who are residents, taxpayers and interested associations of Atlantic City, filed an action in lieu of prerogative writs in the Law Division, alleging that improper actions were taken by the City of Atlantic City's Planning Board and Mayor and Council in connection with the Huron North site. On May 20, 1996, plaintiffs filed an amended complaint. On June 10, 1996, Mirage Resorts...

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