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J & A REALTY v. CITY OF ASBURY PARK

Civ. A. No. 89-4355 (JCL).

763 F.Supp. 85 (1991)

J & A REALTY, a New Jersey Partnership, Plaintiff, v. CITY OF ASBURY PARK, et al., Defendants.

United States District Court, D. New Jersey.

April 18, 1991.

Attorney(s) appearing for the Case

Jeffrey Kantowitz, Greenbaum, Rowe, Smith, Ravin, Davis & Bergstein, Woodbridge, N.J., for plaintiff.

Robin S. Perry, Steinberg & Fellenz, Asbury Park, N.J., for defendants.

OPINION

LIFLAND, District Judge.

Plaintiff, J & A Realty ("J & A"), moves to strike defenses. Defendants oppose the motion.

BACKGROUND

In 1988, the City of Asbury Park ("the city") enacted an ordinance which established the city sewer system as a self-liquidating municipal utility. To fund its new sewer plant, the city passed a sewer ordinance which established a system for assessing property owners for sewer charges. Prior to that...

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