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TOWNSHIP OF PEMBERTON v. BERARDI

876 A.2d 287 (2005)

378 N.J. Super. 430

TOWNSHIP OF PEMBERTON, Plaintiff-Respondent, v. Rocco and Antonia BERARDI, Defendants-Appellants, and First Union National Bank; Faro Sollena d/b/a Roma Pizzeria; D. Fryar d/b/a Fryar's Dry Cleaning; Michael Mattiero d/b/a Browns Mills Remodeling; Jian Zheng d/b/a Great Wall Chinese Restaurant; Ernest Bozarth d/b/a Ernie's Barber Shop; Nancy Buckwald d/b/a Front Row Video; Rite Aid Corporation; Steve Rivera d/b/a Clearview Laundry Mat; John Harp d/b/a Dairy Queen; Dr. Michale Kay, D.D.S. and State of New Jersey, Defendants.

Superior Court of New Jersey, Appellate Division.

Decided June 16, 2005.

Attorney(s) appearing for the Case

Peter H. Wegener, Lakewood, argued the cause for appellants, Rocco and Antonia Berardi (Bathgate, Wegener & Wolf, attorneys; Mr. Wegener, of counsel and on the brief; Pamela Madas Snyder, on the brief).

Kenneth S. Domzalski, Burlington, argued the cause for respondent.

Before Judges NEWMAN, AXELRAD and HOLSTON, JR.

The opinion of the court was delivered by

HOLSTON, JR., J.A.D.

Defendant, Rocco Berardi, owner of a strip mall named the "Browns Mills Shopping Center" in the Township of Pemberton (Pemberton), and defendant, Antonia Berardi, owner of an adjacent vacant piece of land, also considered part of the shopping center, appeal the Law Division's August 6, 2004 order denying defendants' motion for an order compelling Pemberton to file, record and serve a declaration...

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