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NATIONAL AMUSEMENTS INC. v. BOROUGH OF PALMYRA

Nos. 12-1630, 12-2386.

716 F.3d 57 (2013)

NATIONAL AMUSEMENTS INC., a Maryland Corporation, Appellant v. The BOROUGH OF PALMYRA, a municipal corporation of the State of New Jersey; Environmental Resources Management, Inc.; Munitions Management Group, LLC.

United States Court of Appeals, Third Circuit.

Opinion Filed: May 9, 2013.

Attorney(s) appearing for the Case

Marc D. Haefner, Esq. , Nicole B. Dory, Esq. , Kevin J. Coakley, Esq. , Connell Foley LLP, Roseland, NJ, for Appellant.

Richard L. Goldstein, Esq. , Walter F. Kawalec, III, Esq. , Marshall, Dennehey, Warner, Coleman & Goggin, Cherry Hill, NJ, for Appellee.

Before: FUENTES, CHAGARES and BARRY, Circuit Judges.

OPINION OF THE COURT

BARRY, Circuit Judge.

I.

In 2008, the Borough of Palmyra ("Palmyra") ordered closed for five months an open-air flea market, owned and operated by National Amusements, Inc. ("NAI"), due to safety concerns posed by unexploded munitions left behind when the site had been used as a weapons-testing facility for the United States Army. NAI filed the instant action alleging that Palmyra's action violated its constitutional rights...

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