L. FERIOZZI CONCRETE CO. v. CRDA


776 A.2d 254 (2001)

342 N.J. Super. 237

L. FERIOZZI CONCRETE COMPANY, INC., a New Jersey Corporation, and Concetta Feriozzi, Plaintiffs-Respondents, v. CASINO REINVESTMENT DEVELOPMENT AUTHORITY and James B. Kennedy, Executive Director of the Casino Reinvestment Development Authority, Defendants-Appellants.

Superior Court of New Jersey, Appellate Division.

Decided July 12, 2001.


Attorney(s) appearing for the Case

Patrick J. McAuley, Roseland, argued the cause for appellants (Connell Foley, attorneys; Mr. McAuley, of counsel; Mr. McAuley, Thomas A. Sparno and Walter R. Krzastek, on the brief).

Salvatore Perillo, Atlantic City, argued the cause for respondents (Perskie, Nehmad & Perillo, attorneys; Mr. Perillo and Steven J. Brog, on the brief).

Jessica A. Roth, Newark, argued the cause for amicus curiae NAACP Legal Defense & Educational Fund, Inc., (Gibbons, Del Deo, Dolan, Griffinger & Vecchione, attorneys; John J. Gibbons, Lawrence S. Lustberg and Jessica A. Roth, on the brief).

Lowenstein Sandler, attorneys for amicus curiae Utility and Transportation Contractors Association of New Jersey, Inc. (Steven E. Brawer, Roseland, of counsel; Cecelia E. Haney, Trenton, and Adrienne L. Isacoff, on the brief).

Before Judges WALLACE, JR., CARCHMAN and LINTNER.


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

The Casino Reinvestment Development Authority (CRDA or Authority) and its executive director, James B. Kennedy (collectively, defendants), appeal from a Law Division judgment sustaining plaintiffs' L. Feriozzi Concrete Company's and Concetta Feriozzi's (plaintiffs) equal protection challenge to a minority business enterprise (MBE) set-aside subcontracting requirement...

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