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SECURE HERITAGE, INC. v. CITY OF CAPE MAY

825 A.2d 534 (2003)

361 N.J. Super. 281

SECURE HERITAGE, INC., d/b/a Alexanders's Inn; The Abbey of Bayberry Inn, L.L.C.; Buttonwood Bed & Breakfast, Inc., d/b/a Buttonwood Manor; Columbia House; The Inn At Journey's End, L.L.C.; King's Cottage Partnership, d/b/a King's Cottage; Susan and Elan Zingman-Leith Partnership, d/b/a Leith Hall; The Manse Bed & Breakfast; Cape May Management, Inc., d/b/a Marquis De Lafayette; Montreal Inn, Inc.; Mooring, Inc., d/b/a The Mooring; The Primrose Inn; Rubob, Inc., d/b/a Sandpiper Beach Inn; Henry Sawyer Inn; Keystone, Inc., d/b/a Sea Crest Inn; Springside Guesthouse; Velias Seaside Inn; The Victorian Inns, Inc. and The Victorian Look, Plaintiffs-Respondents/Cross-Appellants, v. CITY OF CAPE MAY; William G. Gaffney; Jerome E. Inderwies; Dr. Edward J. Mahaney, Jr. and Harry A. Stotz, Defendants-Appellants/Cross-Respondents.

Superior Court of New Jersey, Appellate Division.

Decided June 24, 2003.

Attorney(s) appearing for the Case

Michael Gross, Atlantic City, argued the cause for appellants/ cross-respondents (Cooper, Levenson, April, Niedelman & Wagenheim, attorneys; Mr. Gross and Steven D. Scherzer, on the brief).

Edward G. O'Byrne, Totowa, argued the cause for respondents/cross-appellants.

Gilmore & Monahan, Toms River, for amici curiae Borough of Lavallette and Borough of Seaside Heights (Jean L. Cipriani and Michael J. Gilmore, of counsel and on the brief).

Before Judges BRAITHWAITE, LINTNER and PARKER.

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

Defendants, the City of Cape May (the City) and City Council members, appeal from a portion of a Law Division order granting summary judgment in favor of plaintiffs, various innkeepers doing business in the City. The summary judgment order, dated May 3, 2002, declared the provisions of the City's Ordinance 1214-2000 (the Ordinance) prohibiting individuals from purchasing...

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