Earlier this year the New Jersey Appellate Division overturned Jackson Mayor Mike Reina's land swap with Mordechai Eichorn.
The State's highest court has just agreed to review the decision.
Back in October 2022, as previously reported here on FAA News, the Jackson Planning Board heard 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, forcing the Township to seek to take the land the Eminent Domain Act.
As previously reported here on FAA News, in October 2023, Ocean County Superior Court Assignment Judge Francis Hodgson permitted the Township to proceed with the Eminent Domain taking process.
However, the property owner, represented by Roseland Attorney Richard P. DeAngelis Esq., appealed the decision, arguing that the Eminent Domain Act only permits municipalities to take one's private property when that particular piece of property is to be used for a public purpose such as open space; whereas here the Township sought to take this land in order to exchange it with Eichorn in order to preserve Eichorn's land for open space.
In a published released earlier this year, 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... The record before us is bereft of any indication as to the use of the condemned lots, other than what is, in essence, currency, to exchange for 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," the Appellate panel concluded.
The New Jersey Supreme Court has just granted the Township’s petition for Certification seeking review of the Appellate Division’s decision.
This appeal process is likely to take another year or so.
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