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STORINO v. BOROUGH OF POINT PLEASANT BEACH

No. 01-4403.

322 F.3d 293 (2003)

Anthony STORINO; Frank Storino, Appellants v. BOROUGH OF POINT PLEASANT BEACH, A Municipal Entity of the State of New Jersey.

United States Court of Appeals, Third Circuit.

Filed March 18, 2003.

Attorney(s) appearing for the Case

Ben A. Montenegro [Argued], Nicholas C. Montenegro, Michael E. Wilbert, Wilbert, Montenegro & Thompson, P.C., Brick Town, NJ, for Appellants.

Michael J. McKenna [Argued], Hiering, Gannon and McKenna, Toms River, NJ, Robert D. Ford, Secare, Delanoy, Martino & Ryan, Toms River, NJ, for Appellee.

Before: SLOVITER, RENDELL, and FUENTES, Circuit Judges.

OPINION OF THE COURT

FUENTES, Circuit Judge.

In this case, Anthony and Frank Storino (the "Storinos"), owners of at least one rooming house in the Borough of Point Pleasant Beach, New Jersey (the "Borough"), are challenging Municipal Zoning Ordinance 2000-11 (the "Ordinance") on one federal ground and several state law grounds. The Ordinance, which was adopted by the Borough in June of 2000, removes the rooming/boarding house use within certain Resort Residential...

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