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H.I.P. v. K. HOVNANIAN AT MAHWAH

291 N.J. Super. 144 (1996)

676 A.2d 1166

H.I.P. (HEIGHTENED INDEPENDENCE AND PROGRESS, INC.), A NEW JERSEY NONPROFIT CORPORATION, PLAINTIFF, v. K. HOVNANIAN AT MAHWAH VI, INC., A NEW JERSEY CORPORATION, AND THE CONSTRUCTION OFFICIAL OF THE TOWNSHIP OF MAHWAH, DEFENDANTS.

Superior Court of New Jersey, Law Division Bergen County.

Decided January 26, 1996.

Attorney(s) appearing for the Case

David J. Popiel, for plaintiff (Community Health Law Project, attorneys).

Barry D. Goodman, for defendant K. Hovnanian at Mahwah VI, Inc., a New Jersey Corporation (Greenbaum, Rowe, Smith, Ravin & Davis, attorneys).

Brian T. Campion, for defendant Construction Official of the Township of Mahwah (Herten, Burstein, Sheridan & Cevasco, attorneys).

KOLE, J.A.D., Retired and Temporarily Assigned on Recall.

PROCEDURAL AND FACTUAL HISTORY:

Plaintiff, Heightened Independence and Progress, a New Jersey Nonprofit Corporation (HIP), moved for attorney fees under three statutes that provide for fees for a prevailing party. These are: (1) the Fair Housing Act, 42 U.S.C. § 3613(c)(2) (FHA); (2) the Americans with Disabilities Act, 42 U.S.C.A. § 12205 (ADA); and (3) the New Jersey...

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