JUST IN: NEW JERSEY APPELLATE DIVISION OVERTURNS JACKSON MAYOR REINA'S LAND SWAP WITH EICHORN




FIRST REPORT


In a published ruling just released, the New Jersey Appellate Division has just overturned Jackson Mayor Mike Reina's land swap with Mordechai Eichorn, FAA News has learned.


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 owners of two of those lots, Getzel Bee, LLC and Bellevue Jackson, LLC refused to sell their lots to the Township.


Ultimately, as previously reported here on FAA News, in October 2023, Ocean County Superior Court Assignment Judge Francis Hodgson permitted the Township to condemn the properties under the Eminent Domain taking process.


However, the property owner, represented by Roseland Attorney Richard P. DeAngelis Esq., appealed the decision, arguing that a municipality is only authorized to take private property under the Eminent Domain Act for a valid public use, whereas here, the property will not be used for open space. Rather, the Township seeks to take the properties to exchange it to seek to stop the development of religious schools in a different area of the Township.


In a published ruling just released, Appellate Division Judges Sabatino, Gummer and Berdote Byrne agreed and reversed the Eminent Domain taking.


"Although municipalities enjoy discretion, the Eminent Domain Act requires a local entity demonstrate the land being condemned will be used for a valid public purpose.... It is undisputed the land-swap contract does not impose any limitation or restriction on the Developer's use of the condemned property and none of the ordinances state the intended use of 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 eminent domain. Instead, the record shows 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. The Township has failed to demonstrate the statutorily-required public use of the condemned land and the trial court erred in determining the Township had validly exercised its eminent-domain authority to condemn the properties. 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 is not enforceable as to Lots 84 and 90, and does not preclude the LLCs from opposing the condemnation, as claimed by the Township. Accordingly, we reverse," the Appellate panel concluded.


Township officials have not yet issued any public statements regarding the just-released court ruling.


To join the FAA News WhatsApp Status, click here.


4 comments:

Anonymous said...

This is great news for cross street area residents!

Anonymous said...

Most likely another loophole will be found to make this go through unless they purchase the two lots (most likely at a much higher price since Jackson's evaluation of land has tripled). Seems antisemetic making the trade to keep the schools from center of town but near a very busy road at the Lakewood border where there are already numerous schools within a mile radius. The home owners in that area have not been given any consideration for the traffic this will add to already a terrible situation that exists.

Anonymous said...

Can you post the ruling or where it can be read?

Anonymous said...

Why has not Jackson Township condemned the Eichorn property for open space rather than this complicated and confusing land swap plan.