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CITIZEN ACTION, INC. v. COUNTY OF BERGEN

919 A.2d 170 (2007)

391 N.J. Super. 596

NEW JERSEY CITIZEN ACTION, INC., a New Jersey Corporation, Regina O'Neill, Julie Otto, and Mary Ann Milligan, Plaintiffs-Appellants, v. COUNTY OF BERGEN, BERGEN County Improvement Authority, Solomon Health Management, LLC, a limited liability company of the State of Colorado, individually and d/b/a Solomon Health Services, LLC and d/b/a Solomon Health Group, LLC; V. Robert Salazar; Hersch Krausz; David Sebbag; Solomon Healthcare Group, LLC, a limited liability company of the State of New Jersey; Bergen Regional Medical Center, LP, a limited partnership of the State of New Jersey; Global TPA, Inc., formerly known as Global Management Services, Inc., a corporation of the State of Colorado; Global Advisors, LLC, d/b/a Global Management Services, Inc., a limited liability company of the State of Colorado; and iCare Management LLC, a limited liability company of the State of Connecticut, Defendants-Respondents.

Superior Court of New Jersey, Appellate Division.

Decided April 9, 2007.

Attorney(s) appearing for the Case

Leon B. Savetsky and Martin K. Brigham, Philadelphia, PA (Raynes McCarty) of the Pennsylvania bar, admitted pro hac vice, argued the cause for appellants (Loccke, Correia, Schlager, Limsky & Bukosky, and Robert F. Williams, and Mr. Brigham, attorneys; Mr. Savetsky and Mr. Williams, of counsel and on the brief).

James X. Sattely, Jr., argued the cause for respondent Bergen County (Esther Suarez, County Counsel, attorney; Mr. Sattely, of counsel and on the brief).

Arthur M. Neiss, Cliffside Park, argued the cause for respondent Bergen County Improvement Authority (Dennis J. Oury, attorney; Mr. Neiss, of counsel and on the brief).

James M. Hirschhorn, Newark, argued the cause for respondents Solomon Health Management (Sills Cummis Epstein & Gross, attorneys; Mr. Hirschhorn, of counsel and on the brief).

Before Judge COBURN, R.B. COLEMAN and GILROY.

The opinion of the court was delivered by

COBURN, P.J.A.D.

Plaintiffs filed a declaratory judgment action in the Law Division challenging the validity of two loans made by defendant Bergen County Improvement Authority ("BCIA") to a private entity, defendant Solomon Health Group, LLC ("Solomon"). Plaintiffs' complaint alleges that the loans lacked consideration, or lacked adequate consideration, and were in any case not confined to the execution of any public...

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