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COUNTY CONCRETE CORP. v. TOWN OF ROXBURY

No. 05-1680, 05-1865.

442 F.3d 159 (2006)

COUNTY CONCRETE CORPORATION; J.C. Soil & Gravel, LLC; John C. Crimi, Appellants/Cross-Appellees v. TOWNSHIP OF ROXBURY, a municipal corporation of the State of New Jersey; Sandy Urgo; Jim Rilee; Marshall Gates; Carol Scheneck; Richard Herzog; Fred Hall; Planning Board of the Township of Roxbury; Richard Zoschak; John Ciaramella; Barbara Dawson; Robert Badini; Lawrence Sweeney; Lisa Voyce; Ray Scanlon; Patricia Davenport; P. Scott Meyer; Russell Stern; Thomas J. Bolodsky; Mayor and Council of the Township of Roxbury Township of Roxbury; Sandy Urgo; Jim Rilee; Marshall Gates; Carol Scheneck; Fred Hall; Planning Board of the Township of Roxbury; Richard Zoschak; John Ciaramella; Barbara Dawson; Robert Badini; Lawrence Sweeney; Lisa Voyce; Ray Scanlon; Patricia Davenport; P. Scott Meyer; Russell Stern; Mayor and Council of the Township of Roxbury, Appellees/Cross-Appellants.

United States Court of Appeals, Third Circuit.

March 31, 2006.

Attorney(s) appearing for the Case

Ernest W. Schoellkopff, (Argued), Connell Foley, Roseland, NJ, for Appellants/Cross-Appellees.

Richard P. Cushing, (Argued), Gebhardt & Kiefer, Clinton, NJ and Anthony M. Bucco, Johnson, Murphy, Hubner, McKeon, Wubbenhorst & Appelt, Riverdale, NJ, for Appellees/Cross-Appellants Township of Roxbury, et al.

Peter A. Piro, (Argued), Hack, Piro, O'Day, Merklinger, Wallace & McKenna, Florham Park, NJ, for Appellee Thomas J. Bodolsky.

Before BARRY, AMBRO and ALDISERT, Circuit Judges.

BARRY, Circuit Judge.

For twelve years, County Concrete Corp., JCS & G, and John C. Crimi (collectively "appellants" or "County Concrete"), and the Township of Roxbury, its Planning Board, Town Council, and various individuals (collectively "appellees"), have been locked in a dispute over a 1994 application for subdivision and site plan approval for purposes of extending appellants' sand and gravel removal operations, and the Township's adoption, in 2001, of a...

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