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MT. HOLLY GARDENS CITIZENS v. TOWN OF MT. HOLLY

No. 11-1159.

658 F.3d 375 (2011)

MT. HOLLY GARDENS CITIZENS IN ACTION, INC., a New Jersey non-profit corporation; Pedro Arocho; Reynaldo Arocho; Ana Arocho; Christine Barnes; Bernice Cagle; Leon Calhoun; George Chambers; Dorothy Chambers; Santos Cruz; Elida Echevaria; Norman Harris; Mattie Howell; Nancy Lopez; Vincent Munoz; Elmira Nixon; Leonardo Pagan; Rosemary Roberts; William Roberts; Efraim Romero; Henry Simons; Joyce Starling; Taisha Tirado; Vivian Brooks; Angelo Nieves; Dolores Nixon; Robert Tigar; James Potter; Radames Torres-Burgos; Lillian Torres-Moreno; Dagmar Vicente; Charlie Mae Wilson; Leona Wright; Maria Arocho; Phyllis Singleton; Flavio Tobar; Marlene Tobar; Sheila Warthen; Aladia Warthen, Appellants, v. TOWNSHIP OF MOUNT HOLLY, a municipal corporation of the State of New Jersey; Township Council of Township of Mount Holly, as governing body of the Township of Mount Holly; Kathleen Hoffman, as Township Manager of the Township of Mount Holly; Keating Urban Partners L.L.C., a company doing business in New Jersey; Triad Associates, Inc., a corporation doing business in New Jersey; Jules K. Thiessen, as Mayor of the Township of Mount Holly.

United States Court of Appeals, Third Circuit.

Opinion Filed: September 13, 2011.

Attorney(s) appearing for the Case

Olga D. Pomar, Esq. , (Argued), South Jersey Legal Services, Inc., Camden, NJ, Susan Ann Silverstein, Esq. , AARP Foundation Litigation, Washington, DC, William R. Potter, Esq. , Potter & Dickson, Princeton, NJ, for Appellants.

M. James Maley, Jr., Esq. , (Argued), Emily K. Givens, Esq. , Erin E. Simone, Esq. , M. Michael Maley, Esq. , Maley & Associates, P.C., Collingswood, NJ, for Appellees, Township of Mount Holly, Township Counsel of Mount Holly, Kathleen Hoffman, and Jules Thiessen.

Gaetano Mercogliano, Esq. , Neal A. Thakkar, Esq. , Sweeney & Sheehan, P.C., Westmont, NJ, for Appellee, Triad Associates, Inc.

William J. DeSantis, Esq. , Ballard Spahr, Cherry Hill, NJ, for Appellee, Keating Urban Partners, L.L.C.

Thomas E. Perez, Esq. , Dennis J. Dimsey, Esq. , April J. Anderson, Esq. , Department of Justice, Civil Rights Division, Appellate Section, Washington, DC, for Amicus Curiae United States of America.

OPINION OF THE COURT

FUENTES, Circuit Judge.

Mount Holly Township (the "Township") has proposed a redevelopment plan that would eliminate the existing homes in its Gardens neighborhood, occupied predominantly by low-income residents, and replace them with significantly more expensive housing units. Appellants, an association of Gardens residents organized under the name Mt. Holly Gardens Citizens in Action, and 23 current and former residents of the neighborhood...

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