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Convent Mews Association, Inc v. James C. Benson

SUPERIOR COURT OF NEW JERSEY APPELLATE DIVISION


July 24, 2012

CONVENT MEWS ASSOCIATION, INC., PLAINTIFF-RESPONDENT,
v.
JAMES C. BENSON, DEFENDANT-APPELLANT.

On appeal from Superior Court of New Jersey, Chancery Division, Morris County, Docket No. C-172-07.

Per curiam.

NOT FOR PUBLICATION WITHOUT THE APPROVAL OF THE APPELLATE DIVISION

Submitted July 17, 2012

Before Judges Sabatino and Kennedy.

Defendant James C. Benson appeals from the Chancery Division's October 3, 2011 order, which denied his motion to reconsider and vacate a prior order of the Chancery Division which restrained defendant from attending board meetings of the Convent Mews Association, Inc., and limited his contact with individual members of the condominium board. This is defendant's fifth plenary appeal seeking to abate the permanent restraints imposed upon his interactions with plaintiff.*fn1

In an earlier opinion, we affirmed the continuation of those restraints, while noting that defendant is "not precluded from presenting changed circumstances to attempt to justify a dissolution or modification of the restraints." Convent Mews Ass'n v. Benson, No. A-2097-06 (App. Div. July 24, 2007) (slip op. at 5). The order of October 3, 2011 denied defendant's motion to vacate the restraints because defendant failed to demonstrate a sufficient change in circumstances that would warrant relief.

We incorporate by reference the background chronology and facts set forth in our prior opinions in this ongoing litigation. We have reviewed defendant's arguments and are satisfied that they lack merit and do not warrant discussion in a written opinion. R. 2:11-3(e)(1)(E). We decline to impose the pre-filing and other restrictions on future appeals requested by plaintiff.

Affirmed.


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