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TP. OF WEST ORANGE v. 769 ASSOCIATION, LLC

775 A.2d 657 (2001)

341 N.J. Super. 580

TOWNSHIP OF WEST ORANGE, a municipal corporation, Plaintiff-Respondent, v. 769 ASSOCIATES, LLC, a New Jersey Limited Liability Company, Defendant-Appellant, and Maricusa Corp., a New Jersey Corporation; Local American Bank of Tulsa, a Federal Savings Bank; and American Cancer Society, New Jersey Division, Inc., Defendants.

Superior Court of New Jersey, Appellate Division.

Decided July 2, 2001.

Attorney(s) appearing for the Case

Dennis J. Drasco, Roseland, argued the cause for appellant (Lum, Danzis, Drasco, Positan & Kleinberg, attorneys; Mr. Drasco, of counsel and on the brief; Kevin J. O'Connor, Morristown, also on the brief).

Richard S. Schkolnick, West Orange, argued the cause for respondent (Rabinowitz, Trenk, Lubetkin & Tully, attorneys; Mr. Schkolnick, of counsel and on the brief).

Before Judges PETRELLA, BRAITHWAITE, and WELLS.

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

This is an appeal from a ruling that a condemnation proceeding by plaintiff Township of West Orange (Township) was appropriate and served a public purpose. Defendant 769 Associates, LLC (Associates) argues that the condemnation of a portion of its property was designed to serve a private interest and that there was no valid public purpose warranting the condemnation. Defendant seeks a reversal of the motion...

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