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EASTAMPTON CENTER v. TOWNSHIP OF EASTAMPTON

Nos. CIV.A. 99-CV-1837-JAP, CIV.A 99-CV-1838-JAP.

155 F.Supp.2d 102 (2001)

EASTAMPTON CENTER, LLC, Plaintiff, v. TOWNSHIP OF EASTAMPTON, in the County of Burlington, a Municipal Corporation of the State of New Jersey, the Township Council of Township of Eastampton, and the Planning Board of Township of Eastampton, Defendants, Daniel M. Tabas and Estate of Charles L. Tabas, a Pennsylvania Partnership trading as Tabas Brothers, Plaintiff, v. Township of Eastampton, in the County of Burlington, a Municipal Corporation of the State of New Jersey, the Township Council of Township of Eastampton, and the Planning Board of Township of Eastampton, Defendants.

United States District Court, D. New Jersey.

July 9, 2001.

Attorney(s) appearing for the Case

Thomas F. Carroll, III, Steven M. Eisdorfer, Hill Wallack, Princeton, NJ, for Plaintiffs, Eastampton Center, LLC, Daniel M. Tabas and Estate of Charles L. Tabas.

John E. Harrington, Law Offices of John E. Harrington, Medford, NJ, for Defendants Eastampton Township and the Township Council of Eastampton Township.

Kenneth S. Domzalski, Burlington, NJ, for the Planning Board of Eastampton Township.

OPINION

PISANO, District Judge:

I. Introduction

In April 1999, Eastampton Center, LLC ("ECLLC"), and Daniel M. Tabas and the Estate of Charles L. Tabas ("Tabas") (together, "Plaintiffs") commenced separate actions against the Township of Eastampton ("Eastampton" or "Township"), the Township Council of Eastampton ("Council"), and the Planning Board of Eastampton ("Planning Board") (together, "Defendants") alleging,

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