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LIMA & SONS, INC. v. BOROUGH OF RAMSEY

269 N.J. Super. 469 (1994)

635 A.2d 1007

LIMA & SONS, INC., A NEW JERSEY CORPORATION, PLAINTIFF-APPELLANT, v. BOROUGH OF RAMSEY, JOHN DOE, JAMES DOE, JANE DOE, AND RICHARD ROE, INDIVIDUALLY AND AS MEMBERS OF THE GOVERNING BODY OF THE BOROUGH OF RAMSEY, DEFENDANTS-RESPONDENTS, AND NEW JERSEY DEPARTMENT OF TRANSPORTATION, BELEZZA CONSTRUCTION CO., INC., AND JAMES BRENNAN, INDIVIDUALLY AND AS RAMSEY BOROUGH ATTORNEY, DEFENDANTS.

Superior Court of New Jersey, Appellate Division.

Decided January 5, 1994.

Attorney(s) appearing for the Case

Kurt E. Johnson argued the cause for appellant.

Matthew S. Rogers argued the cause for respondents (Contant, Scherby & Atkins, attorneys; Mr. Rogers, of counsel; Andrew T. Fede, on the joint brief).

Frank N. Yurasko argued the cause for respondents.

Before Judges PRESSLER, DREIER and KLEINER.

The opinion of the court was delivered by KLEINER, J.S.C. (temporarily assigned).

Plaintiff Lima and Sons, Inc. appeals an order dismissing its complaint which sought (1) a permanent injunction to prevent its loss of access to an abutting public street, (2) compensatory and punitive damages attributed to defendant Borough of Ramsey's alleged violation of its rights under the federal and state constitutions and under...

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