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ASSISTED LIVING ASSOCIATES OF MOORESTOWN, L.L.C. v. MOORESTOWN TP.

No. Civ.A. 97-4572.

996 F.Supp. 409 (1998)

ASSISTED LIVING ASSOCIATES OF MOORESTOWN, L.L.C., Laurel Construction Management, Inc., and John and Jane Doe, Plaintiffs, v. MOORESTOWN TOWNSHIP, Moorestown Township Zoning Board of Adjustment, and Moorestown Township Planning Board, Defendants.

United States District Court, D. New Jersey.

Opinion Denying Reargument April 9, 1998.

Attorney(s) appearing for the Case

Steven C. Rother, A. Alberto Lugo, South Orange, NJ, for plaintiffs, Assisted Living Associates of Moorestown, L.L.C., Laurel Construction Management, Inc., and John and Jane Doe.

Robert S. Greenbaum, Peter A. Buchsbaum, Robert S. Goldsmith, Greenbaum, Rowe, Smith, Ravin, Davis & Himmel, L.L.P., Woodbridge, NJ, for defendant, Moorestown Township.

Peter R. Thorndike, Ryan and Thorndike, Cherry Hill, NJ, for defendant, Moorestown Township Zoning Board of Adjustment.

Dennis P. Talty, Colin B. Scott, Dennis P. Talty, P.C., Moorestown, NJ, for defendant, Moorestown Township Planning Board.

OPINION

ORLOFSKY, District Judge.

This case requires the Court to resolve a conflict between local autonomy and federal power, specifically the conflict between a New Jersey municipality's power to zone and the federal power to eradicate discrimination against the handicapped. The developers of an innovative type of facility designed to care for the elderly and handicapped, known as "assisted living," have moved for a preliminary injunction under the Fair...

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