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August 9, 2005

Judge Tosses Condemnation Case

GlobeSt.com
by Eric Peterson

Forest City Ratner's proposal to develop downtown Bloomfield, NJ has been spoiled by Essex County Judge Patricia K. Costello, who found that the properties sought by Ratner to be condemned by the town were improperly designated as blighted.

Ratner hasn't committed to a strategy for how the private property in Brooklyn will be condemned for his arena and 17 high-rise towers. Though the Supreme Court upheld the use of eminent domain for the purpose of economic redevelopment, there has been a stunning public backlash against the ruling as legislatures, including the US Congress, are seeking to restrict the use of eminent domain in such cases.

That leaves "blight" as the fallback strategy in Brooklyn.

The GlobeSt.com article, quotes local activist, Dan Goldstein on this matter:

“If Forest City Ratner and the Empire State Development Corp. try to make similar blight findings in Brooklyn, we are sure they will meet the same fate they have in Bloomfield, NJ,” says Daniel Goldstein of Develop Don’t Destroy Brooklyn, a community coalition in that borough’s Prospect Heights section. “Clearly, the lack of a planning process for the Ratner proposal in Brooklyn is a fatal flaw, as it was in Bloomfield,” he adds.

article

BLOOMFIELD, NJ-The US Supreme Court may have ruled in Kelo v. City of New London that it's okay for cities to use eminent domain to pave the way for redevelopment, but Essex County Judge Patricia K. Costello has tossed out a condemnation case filed by the Township of Bloomfield against 110 Washington Street Associates. It was the first such case filed by the township in its effort to redevelop its Downtown.

That redevelopment plan involves Forest City Ratner and Toll Brothers. Their proposal includes 650 residential condos, some 65,000 sf of retail space including a supermarket and a parking deck. Both declined to comment.

That plan was dealt a legal setback last week, however, when Judge Costello ruled that the site was improperly designated as blighted. "The record in this case is devoid of any finding that the property is detrimental to the public health, safety or welfare," she wrote.

Judge Costello also tossed a companion case that was consolidated with 110 Washington Street, Lardieri et al v. Township of Bloomfield, on the same grounds. "It is unlikely now, given the ruling, that the township will file any additional condemnation complaints for the project which would include the properties owned by the plaintiffs in the companion case," says attorney William J. Ward of Carlin and Ward, Florham Park, NJ. Ward and partner James Turteltaub argued the case for Lardieri et al.

The case has some implications for the major redevelopment, including an arena/mixed development that Forest City Ratner's Bruce Ratner has in mind for Brooklyn, NY. "If Forest City Ratner and the Empire State Development Corp. try to make similar blight findings in Brooklyn, we are sure they will meet the same fate they have in Bloomfield, NJ," says Daniel Goldstein of Develop Don't Destroy Brooklyn, a community coalition in that borough?s Prospect Heights section. "Clearly, the lack of a planning process for the Ratner proposal in Brooklyn is a fatal flaw, as it was in Bloomfield," he adds.

Posted by lumi at August 9, 2005 6:46 AM