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Redevelopment, The Pendulem Continues to Swing Towards Private Property Rights
May 5, 2010 | Comments Off on Redevelopment, The Pendulem Continues to Swing Towards Private Property Rights
Posted by Michael A. Bruno
In the summer of 2007 we predicted that the New Jersey Supreme Court decision, Gallenthin Realty Development Inc. v. Borough of Paulsboro, marked the swinging of the pendulum against the use of eminent domain in the redevelopment context in New Jersey. Unfortunately for those believing in the merits on which the redevelopment law was founded, our analysis was “spot on” and New Jersey court’s have continued to chip away at the redevelopment laws. The court’s most recent decision Cottage Emporium, Inc, et.al. v. City of Long Branch, et.al., decided April 16, 2010, continues to highlight the heightened standard imposed by Gallenthin and the critical importance of the redevelopment study conducted by a municipality in connection with its redevelopment designation. Unfortunately, until we see a case with facts that provide a solid planner’s report based upon substantial evidence to support the municipalities designation and choice of criteria under the Local Redevelopment and Housing Law, we will likely continue to see the court’s reject redevelopment designations. For analysis of the Gallenthin case, please click here.
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Tags: Gallenthin > Local Redevelopment and Housing Law > Long Branch Redevelopment > Redevelopment
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