Legal Opinion

Rezem Family Associates, LP v. Borough of Millstone

New Jersey Superior Court Appellate Division

Decided April 15, 2011PublishedCited by 100 opinions

1Opinion of the Court

The opinion of the court was delivered by

ASHRAFI, J.A.D.

Plaintiff Rezem Family Associates, LP (Rezem or plaintiff) appeals from an order dismissing its civil rights complaint under Rule 4:6-2(e) for failure to state a claim upon which relief can be granted. Several defendants cross-appeal from denial of their application for attorney’s fees as prevailing parties. We affirm.

The primary issue on appeal is whether a plaintiff must initially pursue administrative and judicial remedies, and obtain a final ruling on its land use claims, before it can pursue a cause of action for alleged violation…

2Cases cited31 opinions

  1. Monell v. New York City Dept. of Social Servs.Supreme Court of the United States · 1978
  2. Daniels v. WilliamsSupreme Court of the United States · 1986
  3. Baker v. McCollanSupreme Court of the United States · 1979
  4. Christiansburg Garment Co. v. Equal Employment Opportunity CommissionSupreme Court of the United States · 1978
  5. Williamson County Regional Planning Commission v. Hamilton Bank of Johnson CitySupreme Court of the United States · 1985

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3Cited by100 opinions

  1. Luis Perez v. Zagami, LLC (071358)Supreme Court of New Jersey · 2014
  2. Ingram v. Township of DeptfordDistrict Court, D. New Jersey · 2012
  3. Myska v. New Jersey Manufacturers InsuranceNew Jersey Superior Court Appellate Division · 2015
  4. JOHN SMITH VS. ARVIND R. DATLA, M.D.(L-1527-15, MERCER COUNTY AND STATEWIDE)New Jersey Superior Court Appellate Division · 2017
  5. Panarello v. City of VinelandDistrict Court, D. New Jersey · 2016

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