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No. 132859
| English Gardens Condominium, LLC, |
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Richard W. Paige |
Plaintiff-Appellee, |
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(Appeal from Ct of Appeals) |
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(Livingston - Latreille, S.) |
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| Howell Township, Merry Bering, and Lawrence |
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Stephen J. Rhodes |
| Hammond, |
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| Defendants-Appellants. |
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| __________________________________________ |
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Click to view briefs in Adobe format:
Plaintiff-Appellee's Brief in Opposition to Application for Leave to Appeal>>
Plaintiff-Appellee's Supplemental Brief>>
Defendants-Appellants' Application for Leave to Appeal>>
Defendants-Appellants' Reply Brief>>
Defendants-Appellants' Supplemental Brief>>
Background
Howell Township and English Gardens Condominium, LLC, had some disputes about the final completion status of a 10-building condominium project that English Gardens constructed in the township. These issues were unresolved as the expiration date approached for a $60,000 letter of credit that English Gardens had provided the township as security for the cost of completing the condominium project, consistent with the township’s zoning ordinance and the approved site plan for the project. The township’s manager and treasurer went to the bank that issued the letter of credit and drew the entire $60,000. English Gardens sued the township and the two officials to recover the $60,000, claiming breach of contract and arguing that the township failed to follow the procedures in its own ordinance. The trial judge granted the township’s motion to dismiss the case. In a published per curiam opinion, the Court of Appeals affirmed the trial court’s rulings in part, but reversed regarding English Gardens’ claim that the township violated its zoning ordinance when it drew on the letter of credit. On remand, the Court of Appeals directed, the lower court was to order the township to return the “deposited security” to English Gardens. The defendants appeal.
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