GALLENTHIN REALTY DEVELOPMENT, INC., a New Jersey Corporation and/or George A. and Cynthia L. Gallenthin III, h/w, both jointly and severally, Plaintiffs-Appellants,
v.
BOROUGH OF PAULSBORO, a New Jersey Municipality and/or Planning Board of Borough of Paulsboro and/or Paulsboro Redevelopment Agency, jointly and severally, Defendants-Respondents.
Supreme Court of New Jersey.https://leagle.com/images/logo.png
Argued April 26, 2007.
Decided June 13, 2007.
Attorney(s) appearing for the Case
Peter D. Dickson, Princeton, argued the cause for appellants (Potter and Dickson, attorneys; Mr. Dickson and R. William Potter, on the briefs).
M. James Maley, Jr., argued the cause for respondents (Maley & Associates, attorneys; Mr. Maley, Elizabeth L. Bancroft, Emily K. Givens, Joseph F. Kunicki, and Erin E. Simone, on the briefs).
Ronald K. Chen, Public Advocate, argued the cause for amicus curiae Public Advocate of New Jersey (Mr. Chen, attorney; Mr. Chen, Brian Weeks, Deputy Public Advocate, Alexander D. Gladney, Assistant Deputy Public Advocate and Catherine Weiss, Director, Division of Public Interest Advocacy, of counsel and on the brief).
Robert S. Goldsmith, Woodbridge, argued the cause for amici curiae New Jersey State League of Municipalities, Downtown New Jersey, Inc. and New Jersey Chapter-American Planning Association (Greenbaum, Rowe, Smith and Davis, attorneys; Robert Beckelman, on the brief).
Carter H. Strickland, Jr., Staff Attorney, Rutgers Environmental Law Clinic, submitted a brief on behalf of amici curiae New Jersey Audubon Society and New Jersey Conservation Foundation.
Kenneth E. Meiser, Princeton, submitted a brief on behalf of amicus curiae New Jersey Builders Association (Hill Wallack, attorneys; Mr. Meiser and Anne L.H. Studholme, on the brief).
Peter H. Wegener, Lakewood, submitted a brief on behalf of amicus curiae Institute For Justice (Bathgate, Wegener & Wolf, attorneys; Mr. Wegener and Jeff Rowes, a member of the New York bar, on the brief).
Supreme Court of New Jersey.
Chief Justice ZAZZALI delivered the opinion of the Court.
Gallenthin Realty Development, Inc. owns a sixty-three-acre parcel of largely vacant wetlands in the Borough of Paulsboro. In 2003, Paulsboro classified the Gallenthin property as "in need of redevelopment" under N.J.S.A. 40A:12A-5(e) because the property's unimproved condition rendered it "not fully productive." Such a classification subjects property to taking by eminent domain. N.J.S.A. 40A...
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