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CERVASE v. KAWAIDA TOWERS, INC.

124 N.J. Super. 547 (1973)

308 A.2d 47

JOHN CERVASE AND ANTHONY IMPERIALE, PLAINTIFFS, v. KAWAIDA TOWERS, INC., A NEW JERSEY CORPORATION, LAWRENCE F. KRAMER, COMMISSIONER — NEW JERSEY DEPARTMENT OF COMMUNITY AFFAIRS AND CHAIRMAN NEW JERSEY HOUSING FINANCE AGENCY, AND THE CITY OF NEWARK, A MUNICIPAL CORPORATION, DEFENDANTS, AND B.J. BUILDERS OF NEW JERSEY, INC., INTERVENOR.

Superior Court of New Jersey, Law and Chancery Divisions.

Decided July 10, 1973.

Attorney(s) appearing for the Case

Mr. John Cervase, plaintiff pro se.

Mr. Henry J. Franzoni, Jr., for plaintiff Anthony Imperiale (Messrs. Franzoni & Sussman, attorneys).

Mr. Irving I. Vogelman, for defendant Kawaida Towers, Inc. (Messrs. Brown, Vogelman & Ashley, attorneys).

Mr. Richard W. Vail, Deputy Attorney General of New Jersey, for defendant Lawrence F. Kramer, Commissioner, New Jersey Department of Community Affairs and Chairman, New Jersey Housing Finance Agency (Mr. George F. Kugler, Jr., Attorney General of New Jersey, attorney).

Mr. David R. Rudd, Asst. Corporation Counsel, for defendant City of Newark (Mr. William H. Walls, Corporation Counsel, attorney).

Mr. Theodore W. Geiser and Mr. Mark L. Fleder, for intervenor B.J. Builders of New Jersey, Inc. (Messrs. Hughes, McElroy, Connell, Foley & Geiser, attorneys).

KIMMELMAN, J.S.C.

Plaintiffs, residents and taxpayers of the north ward of the City of Newark, bring this action in lieu of prerogative writs to declare illegal and permanently enjoin the further construction of a 16-story medium to low income housing project now in the process of construction at 129-141 Lincoln Avenue, in their ward. The project, known as Kawaida Towers, is sponsored by a limited dividend nonprofit housing corporation, Kawaida Towers, Inc., incorporated...

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