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PADNA v. CITY C'CIL OF JERSEY CITY

DOCKET NO. A-4570-08T3.

994 A.2d 1054 (2010)

413 N.J. Super. 322

POWERHOUSE ARTS DISTRICT NEIGHBORHOOD ASSOCIATION, Plaintiff-Appellant, and Marc N. Simon, Jill Edelman, Evan Gourvitz, Brian Gustafson, Charles Kessler, Thomas Grill, Richard James, Harsimus Cove Association, Richard Tomko, Kathryn Leonard, John Gomez, and Joshua Parkhurst, Plaintiffs-Respondents, v. CITY COUNCIL OF the CITY OF JERSEY CITY, 134 Bay Street, L.L.C., and 126-142 Morgan Street Urban Renewal, Defendants-Respondents.

Superior Court of New Jersey, Appellate Division.

Decided May 17, 2010.

Attorney(s) appearing for the Case

Michael B. Kates, Hackensack, argued the cause for appellant (Kates Nussman Rapone Ellis & Farhi, L.L.P., attorneys; Mr. Kates, of counsel and on the brief).

William C. Matsikoudis, Corporation Counsel, argued the cause for respondent City Council of the City of Jersey City (Mr. Matsikoudis, attorney; Judith D. O'Donnell, Assistant Corporation Counsel, on the brief).

Carl S. Bisgaier, Cherry Hill, argued the cause for respondents 134 Bay Street, L.L.C., and 126-142 Morgan Street Urban Renewal (Bisgaier Hoff, L.L.C., and Connell, Foley, L.L.P., Jersey City, attorneys; Richard J. Hoff, Jr., Cherry Hill, and Mr. Bisgaier, on the briefs).

Respondents Marc N. Simon, Jill Edelman, Evan Gourvitz, Brian Gustafson, Charles Kessler, Thomas Grill, Richard James, Harsimus Cove Association, Richard Tomko, Kathryn Leonard, John Gomez, and Joshua Parkhurst have not filed a brief.

Before Judges PARRILLO, LIHOTZ and ASHRAFI.

The opinion of the court was delivered by

PARRILLO, J.A.D.

In an action in lieu of prerogative writs, plaintiff Powerhouse Arts District Neighborhood Association (PADNA or plaintiff) and others challenged a redevelopment plan amendment proposed by defendants 134 Bay Street, L.L.C. and 126-142 Morgan Street Urban Renewal (developers), and adopted by defendant City Council of the City of Jersey City (Council). Following a hearing on the record developed before...

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