737 Fed.Appx. 79 (3rd Cir. 2018), 17-2220, Tonge v. State of New Jersey
|Citation:||737 Fed.Appx. 79|
|Opinion Judge:||HARDIMAN, Circuit Judge.|
|Party Name:||D. Richard TONGE; Just New Homes, Inc., Appellants v. State of NEW JERSEY; New Jersey Real Estate Commission|
|Attorney:||Athan T. Tsimpedes, Esq., Tsimpedes Law Firm, Washington, DC, for Plaintiffs-Appellants Jeffrey S. Posta, Esq., Richard E. Wegryn, Jr., Esq., Office of Attorney General of New Jersey, Division of Law, Trenton, NJ, for Defendants-Appellees|
|Judge Panel:||Before: HARDIMAN, KRAUSE, and BIBAS, Circuit Judges.|
|Case Date:||September 11, 2018|
|Court:||United States Courts of Appeals, Court of Appeals for the Third Circuit|
Submitted Under Third Circuit L.A.R. 34.1(a) September 7, 2018
This opinion is not regarded as Precedents which bind the court under Third Circuit Internal Operating Procedure Rule 5.7. (See Federal Rule of Appellate Procedure Rule 32.1)
On Appeal from the United States District Court for the District of New Jersey (D.N.J. No. 3-16-cv-01319), District Judge: Honorable Peter G. Sheridan
Athan T. Tsimpedes, Esq., Tsimpedes Law Firm, Washington, DC, for Plaintiffs-Appellants
Jeffrey S. Posta, Esq., Richard E. Wegryn, Jr., Esq., Office of Attorney General of New Jersey, Division of Law, Trenton, NJ, for Defendants-Appellees
Before: HARDIMAN, KRAUSE, and BIBAS, Circuit Judges.
HARDIMAN, Circuit Judge.
D. Richard Tonge and Just New Homes, Inc. (collectively, Tonge) appeal the District Courts order dismissing their complaint for lack of subject matter jurisdiction. Because Tonges claims are barred by the Eleventh Amendment, we will affirm.
Tonge was licensed as a real estate broker in New Jersey. He attracted customers by offering incentives that apparently ran afoul of New Jersey law. The New Jersey Real Estate Commission initiated disciplinary action in 2005, and five years later entered a final order revoking Tonges real estate license and imposing a fine of $123,500. The Appellate Division of the New Jersey Superior Court affirmed, and the Supreme Court of New Jersey declined to hear Tonges case.
In 2016, Tonge filed this suit against the Commission and the State of New Jersey in the United States District Court for the District of New Jersey. He asserted several causes of action, each of which rested on one basic claim. Tonge had argued to the Commission that New Jersey regulators had already approved his practices as part of an earlier settlement agreement. But the Commission found no such...
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