Appeals court rules against Long Branch in longtime eminent domain dispute

By MaryAnn Spoto/The Star-Ledger
Apr. 19, 2010

LONG BRANCH - An appellate court sounded the death knell for a downtown redevelopment plan in Long Branch today, ruling the city failed to meet eminent domain criteria in taking properties.

The ruling does not immediately kill the Broadway redevelopment project because it gives the Monmouth County city another chance to prove that its reasons for taking the land and buildings is valid under tougher standards set by recent court cases.

Noah K. Murray/The Star-LedgerLong Branch houses involved in a separate eminent domain case, taken in September 2009. However, decision in one of the longest eminent domain cases in the state does validate business owners’ claims that the city illegally took their property in the name of redevelopment, said Peter Wegener, an attorney for several of the property owners.

"We’re somewhat pleased with the opinion. This time they made it clear the ordinance was essentially illegal," Wegener said. "Certainly, you can’t say it’s settled at this point. After all this time, it’s still not resolved.’’

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