Isp Environmental Services, Inc. v. the City of Linden

072464np-pdfCourt of Appeals for the Third CircuitAug 14, 2008

Full text

NOT PRECEDENTIAL
UNITED STATES COURT OF APPEALS
FOR THE THIRD CIRCUIT
_____________
No. 07-2464
_____________
ISP ENVIRONMENTAL SERVICES, INC.,
Appellant
v.
THE CITY OF LINDEN;
JOHN T. GREGORIO, individually and in his
capacity as Mayor of the City of Linden;
THE COUNCIL OF THE CITY OF LINDEN;
THE UNION COUNTY
IMPROVEMENT AUTHORITY;
THE MORRIS COMPANIES; MORRIS LINDEN ASSOCIATES,
LLC; JOSEPH D. MORRIS, individually and in
his capacity as a principal of The Morris
Companies and Morris Linden Associates, LLC
On Appeal from the United States District Court
for the District of New Jersey
No. 05-CV-04249
Honorable Garrett E. Brown, Jr.
ARGUED JULY 22, 2008
Before: McKEE, FUENTES, and JORDAN, Circuit Judges
(Filed: August 14, 2008)

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Barry H. Evenchick, Esq.
Steven D. Grossman, Esq.
Justin P. Walder, Esq.
Walder, Hayden & Brogan
5 Becker Farm Road
3rd Floor
Roseland, NJ 07068
Mark. A. Belnick, Esq. [ARGUED]
Law Offices of Mark Belnick
Suite 1700B
120 West 45 Streetth
New York, NY 10036
Counsel for Appellant ISP Environmental Services, Inc.
Benjamin Clarke, Esq. [ARGUED]
Alexander Hemsley, III, Esq.
DeCotiis, Fitzpatrick, Cole & Wisler
500 Frank W. Burr Boulevard
Glenpointe Centre West
Teaneck, NJ 07666
Counsel for Appellees City of Linden, John T. Gregorio, Linden City Council and
The Union County Improvement Authority
Brian J. Molloy, Esq. [ARGUED]
Wilentz, Goldman & Spitzer
90 Woodbridge Center Drive
Suite 900, Box 10
Woodbridge, NJ 07095
Counsel for Appellees Morris Companies, Morris Linden Associates, LLC and
Joseph D. Morris
OPINION OF THE COURT
Per Curiam

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ISP Environmental Services, Inc. appeals the district court’s dismissal of its seven-
count Amended Complaint against the City of Linden, New Jersey and others. We have
considered the various arguments of the parties, and conclude that the district court was
correct in its determination that ISP’s Amended Complaint fails to state a federal cause of
action that is ripe for adjudication. Accordingly, we will affirm the judgment of the
district court.

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