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AFRICAN COUNCIL v. HADGE

255 N.J. Super. 4 (1992)

604 A.2d 604

AFRICAN COUNCIL AND WILLIAM A. DAVID-EL, PLAINTIFFS-APPELLANTS, v. JACK HADGE, MANAGER, TOWNSHIP OF TEANECK, IN HIS OFFICIAL CAPACITY, AND TOWNSHIP OF TEANECK, A MUNICIPAL CORPORATION, DEFENDANTS-RESPONDENTS.

Superior Court of New Jersey, Appellate Division.

Decided March 13, 1992.

Attorney(s) appearing for the Case

Walter D. Nealy argued the cause for appellants.

Michael B. Kates argued cause for respondents (Nashel, Kates, Modarelli, Nussman, Rapone & Ellis, attorneys; Michael B. Kates of counsel and on the brief).

Before Judges J.H. COLEMAN, STERN and KEEFE.

The opinion of the court was delivered by COLEMAN, J.H., P.J.A.D.

This appeal raises two important issues. The first is whether plaintiffs were "prevailing parties" under 42 U.S.C.A. § 1988 (Section 1988) in an action to enforce their civil rights guaranteed by the federal constitution. The second issue presented is, if they were the prevailing parties, whether they were entitled to have their attorney's fees paid for obtaining an order directing defendants...

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