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JERSEY CITY REDEVELOPMENT AGENCY v. KUGLER

111 N.J. Super. 50 (1970)

267 A.2d 64

JERSEY CITY REDEVELOPMENT AGENCY, A BODY CORPORATE AND POLITIC OF THE STATE OF NEW JERSEY, ET AL., PLAINTIFFS-APPELLANTS, v. GEORGE F. KUGLER, JR., ATTORNEY GENERAL OF THE STATE OF NEW JERSEY, ET AL., DEFENDANTS-RESPONDENTS.

Superior Court of New Jersey, Appellate Division.

Decided July 1, 1970.

Attorney(s) appearing for the Case

Mr. Benjamin H. Chodash argued the cause for appellants (Messrs. Krieger, Chodash & Politan, attorneys).

Mr. George R. Handler argued the cause for respondent Goldhand, Ltd. (Messrs. George R. and William L. Handler, attorneys).

Mr. Herman C. Silverstein argued the cause for respondents Papp and Dashev, and as Amicus Curiae on behalf of others similarly situated (Rachel Leff, Esq., on the Brief).

Mr. Philip R. Carlin argued the cause for respondents Oswald (Messrs. Goldberg & Carlin, attorneys).

A Statement in Lieu of Brief was filed by Mr. George F. Kugler, Jr., Attorney General of New Jersey (Mr. Arthur Abba Goldberg, Deputy Attorney General of Counsel).

Before Judges CONFORD, COLLESTER and KOLOVSKY.

The opinion of the court was delivered by CONFORD, P.J.A.D.

This action was begun by Jersey City Redevelopment Agency (Redevelopment) and John J. Marchese, individually and as an officer of Redevelopment, to obtain a judgment declaring unconstitutional N.J.S.A. 20:1-9 and N.J.S.A. 40:55-21.10 insofar as those enactments provide that in eminent domain proceedings involving the development or redevelopment of blighted areas the value of any property sought...

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