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ESSEX FELLS v. KESSLER INST.

289 N.J. Super. 329 (1995)

673 A.2d 856

BOROUGH OF ESSEX FELLS, A BODY POLITIC OF THE STATE OF NEW JERSEY, PLAINTIFF, v. THE KESSLER INSTITUTE FOR REHABILITATION, INC., A NON-PROFIT CORPORATION OF THE STATE OF NEW JERSEY; STATE OF NEW JERSEY; DONALD MUELLER; NEW YORK AND NEW JERSEY TELEPHONE CO. ESSEX FELLS ELECTRIC AND WATER CO.; JOHN DOE, DEFENDANTS.

Superior Court of New Jersey, Law Division Essex County.

Decided August 4, 1995.

Attorney(s) appearing for the Case

Dennis J. Drasco, for plaintiff (Lum, Hoens, Conant, Danzis & Kleinberg, attorneys).

Donald F. Nicolai, for defendants (Lindabury, McCormick & Estabrook, attorneys).

JULIO M. FUENTES, J.S.C.

This condemnation action was commenced by plaintiff, the Borough of Essex Fells (borough), to acquire for a public park a 12.5 acre parcel of land currently owned by defendant, the Kessler Institute for Rehabilitation, Inc. (Kessler). Kessler has challenged the borough's authority to take the property on grounds that the stated public use is a pretext to exclude Kessler from the community. I conclude that the Borough of Essex Fells filed this...

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