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Raab Family Partnership v. Borough of Magnolia

IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF NEW JERSEY


February 13, 2009

RAAB FAMILY PARTNERSHIP, ET AL., PLAINTIFFS,
v.
BOROUGH OF MAGNOLIA, DEFENDANT.

The opinion of the court was delivered by: Jerome B. Simandle United States District Judge

ORDER FOR PRELIMINARY INJUNCTION AND FOR DECLARATORY RELIEF

This matter came before the Court upon Plaintiffs' motion for preliminary injunctive relief and for partial summary judgment granting declaratory relief [Docket Item 7]; and

The Court having considered the submissions of counsel in support and opposition, together with oral argument on February 11, 2009; and

For the reasons and findings set forth in the Opinion of today's date;

IT IS this 13th day of February, 2009 hereby

ORDERED that Plaintiffs' motion for preliminary injunctive relief be, and hereby is, GRANTED, and Defendant, Borough of Magnolia, its agents, officials, and employees, are hereby PRELIMINARILY ENJOINED during the pendency of this litigation:

A. From enforcing any provision of Ordinance 2007:11A against Plaintiffs; and

B. From issuing any citation against Plaintiffs' properties or Plaintiffs for violations of the certificate of occupancy ordinance or any other housing-related ordinance unless based upon good cause, specifying with particularity the nature of the violation at issue and the particular provision of the law or applicable code that has been violated;

IT IS FURTHER ORDERED that Plaintiffs' motion for partial summary judgment be, and it hereby is, GRANTED, and it is ADJUDGED and DECREED that Defendant Borough of Magnolia's Certificate of Occupancy Ordinance in Section 112-2 is VOID and shall not be enforced in its present form.

20090213

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