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T & M HOMES, INC. v. PEMBERTON TP.

190 N.J. Super. 637 (1983)

464 A.2d 1214

T & M HOMES, INC., A NEW JERSEY CORPORATION, PLAINTIFF, v. THE TOWNSHIP OF PEMBERTON, THE ZONING BOARD OF ADJUSTMENT FOR THE TOWNSHIP OF PEMBERTON, DEFENDANTS.

Superior Court of New Jersey, Law Division Burlington County.

Decided June 21, 1983.

Attorney(s) appearing for the Case

Frederick W. Hardt for plaintiff (Sever & Hardt, attorneys).

Bennett Bozarth for defendants.

HAINES, A.J.S.C.

T & M Homes sues the Township of Pemberton and its Zoning Board of Adjustment for compensatory and punitive damages claimed to result from the denial of a variance application. The suit is based upon the Civil Rights Act of 1871, 42 U.S.C. § 1983, constitutional violations being alleged. The Township moves for a partial summary judgment dismissing the claim for punitive damages. I reach the conclusion that the motion should be granted...

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