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MOUNTAIN HILL, L.L.C. v. TP. OF MIDDLETOWN

No. A-1328-05T3

945 A.2d 59 (2008)

399 N.J. Super. 486

MOUNTAIN HILL, L.L.C., a New Jersey Limited Liability Company, Plaintiff-Appellant, v. TOWNSHIP OF MIDDLETOWN, Peter Carton, Esq., Joan Smith, Rose-Marie Peters, Patrick Parkinson, James Hinckley, Judith Stanley and Clifford Raich, Defendants-Respondents.

Superior Court of New Jersey, Appellate Division.

Decided April 7, 2008.

Attorney(s) appearing for the Case

Gary E. Fox, Ocean Township, argued the cause for appellant (Fox & Melofchik and Hill Wallack, attorneys; Mr. Fox and Anne Studholme, Newark, on the brief).

Bernard M. Reilly, Red Bank, argued the cause for respondents (Dowd & Reilly, attorneys; Mr. Reilly, on the brief).

Before Judges STERN, COLLESTER and C.L. MINIMAN.

The opinion of the court was delivered by C.L. MINIMAN, J.A.D.

Plaintiff Mountain Hill, L.L.C., appeals the dismissal of its action under the Open Public Meetings Act (OPMA), N.J.S.A. 10:4-6 to -21, against defendants Township of Middletown (the Township); Peter Carton, the Chairman of the Township Municipal Republican Party; Joan Smith, a Township Committee member; Rosemarie Peters, the Township Mayor; Patrick Parkinson, a Township Committee member; James...

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