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BUNG'S BAR & GRILLE, INC. v. TP. COUNCIL OF FLORENCE

206 N.J. Super. 432 (1985)

502 A.2d 1198

BUNG'S BAR & GRILLE, INC., A NEW JERSEY CORPORATION, MAGANLALK AND VILMA SUTARIA, HIS WIFE, KATHERINE DEMPSKY, ANTHONY DRANGULA AND MARGARET DRANGULA, HIS WIFE, R. LOUIS GALLAGHER, INC., A NEW JERSEY CORPORATION, T & T MADERICH, JOHN KISH AND GRACE KISH, HIS WIFE, JOHN PINTO, JR., ROBERT MANGUS AND PHYLLIS MANGUS, HIS WIFE, AND RICHARD HORNER AND CONSTANCE HORNER, HIS WIFE, PLAINTIFFS v. THE TOWNSHIP COUNCIL OF THE TOWNSHIP OF FLORENCE AND THE TOWNSHIP OF FLORENCE, DEFENDANTS.

Superior Court of New Jersey, Law Division Burlington County.

Decided March 20, 1985.

Attorney(s) appearing for the Case

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

Adele C. Baker for defendants (Parker, McCay & Criscuolo, attorneys).

HAINES, A.J.S.C.

This opinion addresses the plaintiffs' request for an allowance of counsel fees and costs incurred in the course of a successful challenge to local improvement assessments. The right to recover turns upon the applicability of 42 U.S.C.A. § 1983, the federal Civil Rights Act ("Act"), when that Act, though pleaded, was not the basis of plaintiffs' success and therefore was not addressed by...

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