- MODWASH, LLC, ET AL. VS. CITY OF VINELAND ZONING BOARD OF ADJUSTMENT, ET AL. (L-0010-23, CUMBERLAND COUNTY AND STATEWIDE) A-3558-22 Appellate Jan. 31, 2025
- VINCENT ROGGIO VS. MCELROY, DEUTSCH, MULVANEY & CARPENTER, LLP, ET AL. (L-0400-10, MONMOUTH COUNTY AND STATEWIDE) A-0345-23 Appellate Jan. 31, 2025
- IN THE MATTER OF YVONNE ZIRRITH, ET AL. (NEW JERSEY CIVIL SERVICE COMMISSION) A-0447-23 Appellate Jan. 31, 2025
- FRG-X-NJ2, LP VS. ROBMAR REALTY ASSOCIATES (LT-001895-22, MORRIS COUNTY AND STATEWIDE) A-0634-23 Appellate Jan. 31, 2025
- REGINA GENSEL VS. BOARD OF TRUSTEES (PUBLIC EMPLOYEES' RETIREMENT SYSTEM) A-0690-23 Appellate Jan. 31, 2025
- DCPP VS. T.L. AND R.M., IN THE MATTER OF THE GUARDIANSHIP OF A.O.M. (FG-16-0026-24, PASSAIC COUNTY AND STATEWIDE) (CONSOLIDATED) (RECORD IMPOUNDED) A-2436-23/A-2437-23 Appellate Jan. 31, 2025
- DCPP VS. J.S. AND D.J., IN THE MATTER OF THE GUARDIANSHIP OF N.S. (FG-03-0016-23, BURLINGTON COUNTY AND STATEWIDE) (RECORD IMPOUNDED) A-2710-23 Appellate Jan. 31, 2025
- TOWNSHIP OF JACKSON, ETC. VS. GETZEL BEE, LLC, ET AL. (L-1384-23 AND L-1385-23, OCEAN COUNTY AND STATEWIDE) (CONSOLIDATED) A-0590-23/A-0594-23 Appellate Jan. 31, 2025 Summary A-0590-23/A-0594-23 Appellants (the "LLCs") appeal from identical orders of the Law Division authorizing condemnation in accordance with the Township of Jackson's exercise of eminent domain against their respective properties, Lots 84 and 90. The original ordinance authorizing the condemnation of the LLCs' land stated the public purpose for condemning the properties was for use as open space. The second ordinance, passed after the LLCs had opposed the Township's condemnation efforts, elaborated and stated condemnation of the lots was necessary to affect a land-swap agreement the Township had with a private developer, but still did not otherwise identify the proposed use of the condemned lots. Lots 84 and 90 are not being used for the asserted public purpose of open space—an otherwise valid public purpose for the exercise of eminent domain. Instead, the lots are being condemned and combined with land the Township already owns to exchange them for land intended to be used as open space. This court is aware of no reported case in New Jersey, nor has one been brought to its attention, where a private property was lawfully condemned for the sole purpose of exchanging it for other property that will be put to public use. Neither Kelo v. City of New London, 545 U.S. 469, 477 (2005), nor the Eminent Domain Act, N.J.S.A. 20:3-1 to -50, contemplates the condemnation of a property for use solely as an asset in a scheme for an otherwise valid public purpose on some other property. The record before us is bereft of any indication as to the intended use of the condemned lots, other than as what is, in essence, currency, to exchange for open space. Moreover, because the trial court's prior order authorizing the Township's land-swap agreement included Lots 84 and 90 although those lots were not owned by the Township, the land-swap agreement does not preclude the LLCs from opposing the condemnation, as claimed by the Township. The Eminent Domain Act offers the exclusive procedure for a property owner's right to challenge the government's authority to condemn its private property. Accordingly, the Law Division's orders approving the condemnation of the lots are reversed. Close
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- STATE OF NEW JERSEY VS. LAWRANCE A. BOHRER (17-07-0536, GLOUCESTER COUNTY AND STATEWIDE) A-3324-21 Appellate Feb. 3, 2025
- STATE OF NEW JERSEY VS. ZACHARY T. MAI (21-02-0271, CAMDEN COUNTY AND STATEWIDE) A-2524-22 Appellate Feb. 3, 2025
- IGOR SIVAK, ET AL. VS. RYAN CHRZANOWSKI, ET AL. (L-1266-20, BURLINGTON COUNTY AND STATEWIDE) A-3387-22 Appellate Feb. 3, 2025
- HIGHVIEW TERRACE APARTMENTS VS. ASSEM ABULKHAIR (LT-001423-20, PASSAIC COUNTY AND STATEWIDE) A-1400-22 Appellate June 19, 2024
- STATE OF NEW JERSEY VS. JESUS A. ARAIZA-AVILA (07-11-1631, BURLINGTON COUNTY AND STATEWIDE) A-2136-22 Appellate June 19, 2024
- STATE OF NEW JERSEY VS. CHARLES F. SAWYER (13-07-0746, GLOUCESTER COUNTY AND STATEWIDE) A-2739-22 Appellate June 19, 2024
- STATE OF NEW JERSEY VS. MICHAEL T. CONNER-WHITE (22-03-0522, CAMDEN COUNTY AND STATEWIDE) A-3136-22 Appellate June 19, 2024
- GEORGINA C. SANDOVAL, ET AL. VS. MIDLAND FUNDING, LLC, ET AL. (L-2920-22, HUDSON COUNTY AND STATEWIDE) A-0407-23 Appellate June 19, 2024
- C.A.L. AND C.T. VS. STATE OF NEW JERSEY, ET AL. (L-0954-22, MERCER COUNTY AND STATEWIDE) (RECORD IMPOUNDED) A-0571-23 Appellate June 19, 2024
- EDWARD FARLEY AIZEN VS. NEW JERSEY DEPARTMENT OF CHILDREN AND FAMILIES, ET AL. (GOVERNMENT RECORDS COUNCIL) A-0467-22 Appellate June 19, 2024
- North Jersey Brain & Spine Ctr. v. Aetna Life Ins. Co., et al. L-5817-18 Trial June 18, 2024