Ansell Grimm & Aaron, PC attorneys have filed a federal antitrust complaint asserting claims arising from the attempted monopolization of the gas station convenience store market in the Borough of Eatontown, New Jersey. The action was filed in the United States District Court for the District of New Jersey captioned Fidelity Eatontown, LLC and QuickChek Corporation v. Excellency Enterprise, LLC, Kennedy Auto Service, Inc., and Gas Of Eatontown, Inc., Docket No. 3:16-cv-03899-FLW-LHG.
Specifically, the Complaint alleges that Defendants engaged in sham litigations and frivolous and pre-textual appeals of planning board, governing body, and State agency actions to prevent the development of competing gas station convenience stores thereby preserving their monopoly position. The Complaint further alleges that as a result of the series of sham petitions and legal actions filed by Defendants, Plaintiffs have been forced to pay thousands of dollars toward application fees, expert fees, and attorney fees to pursue land use approvals and have suffered lost profits and other costs associated with the delay in construction resulting from the Defendants’ willful and abusive tactics.
The action is predicated on a recent decision from the United States Court of Appeals for the Third Circuit, Hanover 3201 Realty, LLC. v. Village Supermarkets, Inc., 806 F.3d 162 (3d Cir. 2015), which upheld a developer’s antitrust claims arising out of the sham litigations and other anticompetitive acts undertaken by an objector — akin to those actions allegedly taken by Defendants here — to unlawfully block development.
We know that many of our developer clients face similar, frivolous opposition when seeking land use approvals for their projects — compelling them to incur significant expense and suffer interminable delay. While ANSELL GRIMM & AARON, PC attorneys strive to amicably resolve objector concerns, we also remain ready to challenge sham objectors in defense of our clients’ rights, as here.
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For more than 85 years, ANSELL GRIMM & AARON, PC has been dedicated to providing excellent legal representation. In providing zealous advocacy and skilled legal advice to our diverse clientele, our attorneys all practice with a common philosophy… commitment to excellence and commitment to people. For additional information concerning this release, please contact Joshua S. Bauchner, Esq. or Michael H. Ansell, Esq. at (973) 247-9000.
