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CITY OF ATLANTIC v. CYNWYD INVESTMENTS

148 N.J. 55 (1997)

689 A.2d 712

THE CITY OF ATLANTIC CITY, A MUNICIPAL CORPORATION, PLAINTIFF-RESPONDENT, v. CYNWYD INVESTMENTS, A PENNSYLVANIA PARTNERSHIP AND GREATE BAY HOTEL AND CASINO, INC., T/A SANDS HOTEL & CASINO, A NEW JERSEY CORPORATION, DEFENDANTS-RESPONDENTS, AND CORRESTATES NJ NATIONAL BANK, ATLANTIC CITY ELECTRIC COMPANY, T/A AS ATLANTIC ELECTRIC, A NEW JERSEY CORPORATION, AND THE STATE OF NEW JERSEY, DEFENDANTS, AND BOARDWALK REGENCY CORPORATION, A NEW JERSEY CORPORATION, AND SQUARE BRIGHTON CORPORATION, INC., A NEW JERSEY CORPORATION, DEFENDANTS-APPELLANTS. SQUARE BRIGHTON CORPORATION, INC. A NEW JERSEY CORPORATION AND FLOYD JAMES, A TAXPAYER OF ATLANTIC CITY, PLAINTIFFS-APPELLANTS, v. THE CITY OF ATLANTIC CITY, A MUNICIPAL CORPORATION AND BODY POLITIC OF THE STATE OF NEW JERSEY, GREATE BAY HOTEL AND CASINO, INC., T/A "SANDS HOTEL & CASINO", A NEW JERSEY CORPORATION, CYNWYD INVESTMENTS, DEFENDANTS-RESPONDENTS, AND BOARDWALK REGENCY CORPORATION, A NEW JERSEY CORPORATION, DEFENDANT.

The Supreme Court of New Jersey.

Decided March 10, 1997.

Attorney(s) appearing for the Case

Gerard W. Quinn argued the cause for appellant Boardwalk Regency Corporation, etc. (Cooper Perskie April Niedelman Wagenheim & Levenson, attorneys; Mr. Quinn and Lloyd D. Levenson, on the briefs).

Edward N. FitzPatrick argued the cause for appellant Square Brighton Corporation, Inc., etc., et al. (DeCotiis, FitzPatrick & Gluck and McGahn & Friss; attorneys; Mr. FitzPatrick and Patrick T. McGahn, Jr., of counsel; Mr. FitzPatrick, Mr. McGahn, Raymond S. Papperman and Agnes I. Rymer, on the briefs).

Daniel A. Corey, City Solicitor, argued the cause for respondent City of Atlantic City, etc. (Mr. Corey and John M. Eccles, Jr., on the briefs).

John H. Rosenberger argued the cause for respondent Cynwyd Investments, etc. (Perillo & Rosenberger, attorneys).

Stephen R. Nehmad argued the cause for respondent Greate Bay Hotel and Casino, Inc., etc. (Perskie & Nehmad, attorneys; Mr. Nehmad, Frederick H. Kraus and Richard F. DeLucry, on the brief).

The opinion of the Court was delivered by O'HERN, J.

These appeals concern the validity of an acquisition of land by Atlantic City. (For convenience, we refer to the two appeals as one case.) The acquisition had the effect of creating a widened roadway that provides access to casino-related properties. There are two issues: (1) whether the ordinance authorizing the acquisition of the land with funds provided by an adjoining property owner complies with the Local Budget...

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