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Temporary "Takings" Judgment Remanded
The Appellate Division of the New Jersey Superior Court recently reversed a trial court decision, which had awarded a property owner over a million dollars in damages allegedly caused by an NJDOT road-widening project that interfered with plaintiff’s high-end used car business for over 4 years. Penn Auto Sales of Rte 21, Inc. v. Dep’t of Transportation (Docket... Read More
Forecast for Central Jersey Redevelopment Projects Balmy
Redevelopers feel that the time is still not right to re-start several stalled redevelopment projects in Central New Jersey. Yet, local politicians who made such projects possible through the redevelopment designation process see these projects as ways to create jobs and tax revenue during the economic down turn, which would spur the local economy. Somerville... Read More
Court Refuses to Hear Columbia University Redevelopment Case
The United States Supreme Court today issued its decision denying property owner Nick Sprayregen’s petition for certification. The two issues raised in the petition were: “1) Whether it was error for the Court of Appeals of New York to disregard the principles enunciated in Kelo v. City of New London in sanctioning the use of... Read More
NY Redevelopment Challenge Petition to Be Decided by US Supreme Court
Today, the U.S. Supreme Court is expected to issue its decision on whether to take property owner Nick Sprayregen’s appeal from an adverse ruling by the New York Court of Appeals. The Court of Appeals, New York’s highest court, reversed an earlier ruling that had disallowed the taking of Mr. Sprayregan’s property in West Harlem where he... Read More
"Powerhouse" Redevelopment Amendment Allowed for Decades Old Blight Designation
The New Jersey Superior Court, Appellate Division recently published its decision affirming a trial court decision which disallowed a challenge to an amendment to a redevelopment pan by the City of Jersey City in its Powerhouse Redevelopment Area. Powerhouse Arts District Neighborhood Assoc. v. City Council, ___ N.J. Super. ___ (App. Div, 2010). Along the way... Read More
Possible Inverse Condemnation Looms in Variance Denial Case
A New Jersey appellate court recently affirmed the dismissal of a lawsuit challenging a local municipality’s denial of a variance application to build one single family residence on a 24 acre lot. The Last Frontier, Inc. v. Blairstown Tp. Zoning Bd. of Adj., Docket A-5205-08T2 (May 24, 2010). A variance was required because the property... Read More
Seized, Stalled, and Scrapped
McKirdy & Riskin’s Anthony Della Pelle provides commentary on Fox News about redevelopment projects and the problems that they can create when they are stalled or scrapped: [youtube=http://www.youtube.com/watch?v=S_nDORyXWAo] The video is also available on Fox News.... Read More
NJ Supreme Court Agrees to Hear "Bizarre" Condemnation Case
The New Jersey Supreme Court recently granted a petition for certification filed by the property owners who alleged unsuccessfully before the Law Division, and the Appellate Division, that the municipality was required by law to provide them access to “their property.” The case has been described by Henry Gottlieb of the New Jersey Law Journal... Read More
Asbuy Park Redeveloper's Claim Against City Revived
A redeveloper’s claim against the City of Asbury Park was remanded to trial by a recent New Jersey appellate court decision. Asbury Shores, Inc. v. City of Asbury Park, Docket No. A-2158-08T1 (November 10, 2009) (unpublished). Plaintiff Asbury Shores is the designated redeveloper for the Springwood Avenue Redevelopment Area in Asbury Park. Asbury Shores sought... Read More
Highlands Act Upheld
New Jersey’s Highlands Water Protection and Planning Act has been upheld by a State appellate court. County of Warren v State of New Jersey, ___ N.J. Super. ___ (App. Div. 2009) (Slip op. September 4, 2009, Docket No. A-4591-07T1)(Read the slip opinion here). The Appellate Division – in a published opinion – affirmed the trial... Read More
