The New Jersey Appellate Division has just halted Jackson Mayor Mike Reina's land swap with Mordechai Eichorn, FAA News has learned.
The appeals court agreed to stay the matter pending an appeal, which is anticipated to take two years. The stay prohibits the parties from swapping the properties or planning any construction.
Back in October 2022, as previously reported here on FAA News, the Jackson Planning Board heard testimony on a proposal an application submitted by Bellevue Estates, LLC, which is owned by Lakewood resident Mordechai Eichorn, to build 4 schools on a 30-acre parcel of land at 443 Leesville Road between Burke and Diamond Road.
Thereafter, as previously reported here on FAA News, Mayor Reina broke the news that in order "to protect existing neighborhoods within Jackson Township and to protect and honor the rights of all Jackson residents," he "successfully negotiated to acquire Eichorn's farm [to keep it for open space]."
This acquisition was to take place in the form of a land swap for Township owned land near the Lakewood Cross Street border.
As previously reported here on FAA News, back in February 2023, the Council unanimously approved the proposed land swap.
The Township's proposal included for Eichorn to receive 4 lots which were not actually owned by the Township. Township officials intended to purchase these lots and then to give them to Eichorn.
However, things got messy when the owner of two of those lots refused to sell his lots to the Township.
As previously reported here on FAA News, back in June 2023, with the Township Council's authorization, Township Attorney Jerry Dasti Esq. filed legal action in New Jersey Superior Court in Ocean County seeking to take the properties under the condemnation process.
As previously reported here on FAA News, back in August 2023, the property owner continued the fight in court, retaining Roseland Attorney Richard P. DeAngelis Esq. to oppose the condemnation taking.
As previously reported here on FAA News, at a hearing held a few weeks ago, Ocean County Superior Court Assignment Judge Francis Hodgson dismissed the opposition, and permitted the Township to proceed with the Eminent Domain taking process.
However, the property owner immediately filed a Notice of Appeal to the New Jersey Appellate Division.
Mr. DeAngelis wrote to the Court:
In the present matter, the Township intends to immediately take Defendants’ property and convey same to a private developer. While the Township contends the taking is for preservation of open space, the public record is devoid of any evidence to support that claim. The Township only disclosed to the public and the Court its true intentions for the taking of Defendants’ property after Defendants filed their opposition to the taking. But still, there have been no studies, reports or public hearings as to the purported need or desire for the preservation of open space necessitating the taking of Defendants’ properties to flip to a private developer. The taking of private property in this instance not only impacts the rights of the owner, but raises important public interest considerations.
The New Jersey Appellate Division has just agreed to stay the matter pending an appeal, which is anticipated to take two years. The stay prohibits the parties from swapping the properties or planning any construction.
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