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BASS RIVER ASSOCIATES v. MAYOR, TP. COM'R

No. 83-5727.

743 F.2d 159 (1984)

BASS RIVER ASSOCIATES, t/a Bass River Yachting Center and Mariner Houseboats, Inc., Appellants v. The MAYOR, TOWNSHIP COMMISSIONER, PLANNING BOARD OF BASS RIVER TOWNSHIP and Bass River Township.

United States Court of Appeals, Third Circuit.

Decided August 31, 1984.

Attorney(s) appearing for the Case

Edward V. Cattell, Jr. (argued), Stuart M. Goldstein, Cattell & Keating, Haddonfield, N.J., for appellants.

Richard J. Shackleton (argued), James E. Bishop, Frank A. Buczynski, Jr., Shackleton, Hazeltine & Dasti, Ship Bottom, N.J., for appellees.

Before HIGGINBOTHAM, SLOVITER, Circuit Judges, and GREEN, District Judge.

OPINION OF THE COURT

SLOVITER, Circuit Judge.

At issue is the validity of an ordinance of Bass River Township, N.J., that bans "floating homes." The plaintiffs are the owner of a marina and a builder of houseboats, who together had planned to sell and moor boats. They were unable to do so because the township adopted the exclusionary ordinance as a response to the plaintiffs' proposal. Plaintiffs challenged the constitutionality of the measure in the United...

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