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ALEXANDER'S v. PARAMUS BOR.

243 N.J. Super. 157 (1990)

578 A.2d 1241

ALEXANDER'S DEPARTMENT STORES OF NEW JERSEY, INC., ET AL., PLAINTIFFS-RESPONDENTS, v. BOROUGH OF PARAMUS, NEW JERSEY, THE NEW JERSEY COUNCIL ON AFFORDABLE HOUSING, ET AL., DEFENDANTS-APPELLANTS. WESTLAND GARDEN STATE PLAZA L.P. AND WESTLAND PROPERTIES, INC., THIRD-PARTY PLAINTIFFS, v. DONALD TRUMP, TRUMP ORGANIZATION, TRUMP ORGANIZATION/ALEXANDER'S AND JOHN DOES 1-10, THIRD-PARTY DEFENDANTS.

Superior Court of New Jersey, Appellate Division.

Decided August 8, 1990.

Attorney(s) appearing for the Case

Gary T. Hall argued the cause for appellant Borough of Paramus, Mayor and Borough Council of Paramus (McCarter & English, attorneys, Alfred L. Ferguson of counsel, Gary T. Hall, Brenda C. Liss and Lisa S. Bonsall on the brief).

Robert S. Raymar argued the cause for respondents Alexander's (Hellring Lindeman Goldstein Siegal Stern & Greenberg, attorneys, Robert S. Raymar, Jonathan L. Goldstein and Heidi H. Hellring of counsel).

Theodore L. Abeles argued the cause for third-party plaintiffs Westland (Sills Cummis Zuckerman Radin Tischman Epstein & Gross, attorneys, Theodore L. Abeles of counsel and on the brief).

Joseph L. Yannotti, Deputy Attorney General, argued the cause for appellant New Jersey Council on Affordable Housing (Robert J. Del Tufo, Attorney General, attorney, Mary C. Jacobson, Deputy Attorney General, of counsel, Joseph L. Yannotti and Donald M. Palombi, Deputy Attorney General, on the brief).

Before Judges MICHELS, R.S. COHEN and BROCHIN.

The opinion of the court was delivered by COHEN, R.S., J.A.D.

Plaintiffs are the owners of commercial land in Paramus. The "Westland" defendants own commercial and residential land in Paramus which lies generally across the highway from plaintiffs'. In 1985, Paramus was a defendant in an exclusionary zoning suit brought by a developer seeking to build low income housing. The Law Division ordered Paramus to rezone to meet its obligation to afford a realistic opportunity...

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