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REZEM FAMILY ASSOC. v. MILLSTONE

Docket No. A-2290-09T2

30 A.3d 1061 (2011)

423 N.J. Super. 103

REZEM FAMILY ASSOCIATES, LP, Plaintiff-Appellant/Cross-Respondent, v. The BOROUGH OF MILLSTONE, Ray Heck, in his official capacity, Borough of Millstone Council, William Poch, in his official capacity, Borough of Millstone Planning Board, Keith Dorschner, in his official capacity, Shirley M. Bishop, James DeMuro, in his official capacity, Defendants-Respondents/Cross-Appellants, and Carter Van Dyke, in his official and individual capacities, and Carter Van Dyke Associates, Defendants-Respondents.

Superior Court of New Jersey, Appellate Division.

Decided April 15, 2011.

Attorney(s) appearing for the Case

Stuart J. Lieberman , Princeton, argued the cause for appellant/cross-respondent (Lieberman & Blecher, P.C., attorneys; Mr. Lieberman , of counsel and on the brief; Michael G. Sinkevich, Jr. , on the brief).

David R. Strickler argued the cause for respondents/cross-appellants Borough of Millstone, Ray Heck, Borough of Millstone Council, William Poch, Borough of Millstone Planning Board, Keith Dorschner, Shirley M. Bishop and James DeMuro ( Norris McLaughlin & Marcus , attorneys; Stephen M. Offen , Bridgewater, of counsel; Mr. Strickler and Erin T. Welsh , on the brief).

David Parker Weeks argued the cause for respondents Carter Van Dyke and Carter Van Dyke Associates (Ruprecht, Hart & Weeks, LLP, attorneys; Mr. Weeks , Millburn, of counsel and on the brief; Matthew E. Blackman , Hackensack, on the brief).

Before Judges GILROY, ASHRAFI and NUGENT.

The opinion of the court was delivered by ASHRAFI, J.A.D.

Plaintiff Rezem Family Associates, LP (Rezem or plaintiff) appeals from an order dismissing its civil rights complaint under Rule 4:6-2(e) for failure to state a claim upon which relief can be granted. Several defendants cross-appeal from denial of their application for attorney's fees as prevailing parties. We affirm.

The primary issue on appeal is whether a plaintiff must initially pursue administrative...

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