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LAPID-LAUREL v. ZONING BD. OF ADJ. OF TP. SCOTCH

No. 00-3625.

284 F.3d 442 (2002)

LAPID-LAUREL, L.L.C.; John and Jane Doe, Appellants, v. ZONING BOARD OF ADJUSTMENT OF THE TOWNSHIP OF SCOTCH PLAINS; the township of Scotch Plains; Alta A. Rose; Barbara Horev.

United States Court of Appeals, Third Circuit.

Filed March 15, 2002.

Attorney(s) appearing for the Case

Steven C. Rother (Argued), A. Albert Lugo, Hackensack, NJ, Counsel for Appellants.

Stephen Eisdorfer (Argued), Hill, Wallack, Princeton, NJ, Co-Counsel for Appellees, Township of Scotch Plains.

Frank N. Yurasko, Somerville, NJ, Co-Counsel for Appellees, Township of Scotch Plains.

Douglas W. Hansen, Scotch Plains, NJ, Co-Counsel for Appellees, Township of Scotch Plains.

Anthony D. Rinaldo, Jr., Garrubbo, Romakow & Rinaldo, Westfield, NJ, Co-Counsel for Appellees, Zoning Board of Scotch Plains.

Before BECKER, Chief Judge, ALITO and BARRY, Circuit Judges.

OPINION OF THE COURT

BECKER, Chief Judge.

Plaintiff Lapid-Laurel, L.L.C. ("Lapid"), a real estate development firm that unsuccessfully sought approval from the Zoning Board of Adjustment of the Township of Scotch Plains, New Jersey ("the Board") to build a 95-bed care facility for the elderly, appeals the District Court's grant of summary judgment in favor of the Board and the Township, defendants in Lapid's civil case, challenging their actions under the...

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