United States Third Circuit

Dismissal and summary judgment in favor of defendants, a township and officials, in a dispute over a zoning ordinance which effectively prevented plaintiffs' sand and gravel removal operations is reversed in part as to: 1) substantive due process challenges to the ordinance and defendants' obstructive course of conduct; 2) a Fifth Amendment challenge; 3) a breach of the implied covenant of good faith and fair dealing claim; and 4) tortious interference and civil conspiracy claims.

Appellate Information

• Argued 01/17/2006
• Decided 03/31/2006
• Published 03/31/2006

Judges

• BARRY, Circuit Judge., Before BARRY, AMBRO and ALDISERT, Circuit Judges.

Court

• United States Third Circuit

Counsel

• For Appellees:
  
• Ernest W. Schoellkopff, (Argued), Connell Foley, Roseland, NJ, for Appellants/Cross-Appellees., Richard P. Cushing, (Argued), Gebhardt & Kiefer, Clinton, NJ and Anthony M. Bucco, Johnson, Murphy, Hubner, McKeon, Wubbenhorst & Appelt, Riverdale, NJ, for Appellees/Cross-Appellants Township of Roxbury, et al., Peter A. Piro, (Argued), Hack, Piro, O'Day, Merklinger, Wallace & McKenna, Florham Park, NJ, for Appellee Thomas J. Bodolsky.