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TENAFLY ERUV ASS'N, INC. v. BOROUGH OF TENAFLY

No. CIV. 00-6051 (WGB).

155 F.Supp.2d 142 (2001)

TENAFLY ERUV ASSOCIATION, INC., Chaim Book, Yosifa Book, Stefanie Dardick Gotlieb and Stephen Brenner, Plaintiffs, v. The BOROUGH OF TENAFLY, Ann Moscovitz, individually and in her official capacity as Mayor of the Borough of Tenafly, Charles Lipson, Martha Kerge, Richard Wilson, Arthur Peck, John Sullivan, each individually and in their official capacities as Council Members of the Borough of Tenafly, Defendants.

United States District Court, D. New Jersey.

August 10, 2001.

Attorney(s) appearing for the Case

Richard D. Shapiro, Hellring Lindeman Goldstein & Siegal LLP, Newark, NJ, Robert G. Sugerman, Harris J. Yale, Weil Gotshal & Manges LLP, New York, NY, for Plaintiffs.

Walter A. Lesnevich, Lesnevich & Marzano-Lesnevich Tenafly, NJ, Bruce S. Rosen, McCusker, Anselmi, Rosen, Carvelli & Walsh, P.A. Chatham, NJ, Professor Noah Feldman, New York University School of Law, New York City, for Defendants.

Ronald Chen, J.C. Salyer, American Civil Liberties Union of New Jersey Foundation, Newark, NJ, for Amicus Curiae.

OPINION

BASSLER, District Judge.

The individual Plaintiffs and the Tenafly Eruv Association, Inc., wish to maintain a ceremonial religious demarcation, known as an eruv, in the Borough of Tenafly's municipal right-of-way. Specifically, Plaintiffs seek permission to maintain plastic strips, known as lechis, on utility poles in the right-of-way. The Borough of Tenafly, by vote of its Borough Council, denied Plaintiffs' request and ordered...

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