MOUNT LAUREL TOWNSHIP, Plaintiff-Appellant/Cross-Respondent,
v.
MIPRO HOMES, L.L.C., Defendant-Respondent/Cross-Appellant, and
Lorraine C. Elbon and 190 Elbo, L.L.C., Defendants, and
Builders League of South Jersey, Inc., Defendant-Intervenor-Respondent.
Superior Court of New Jersey, Appellate Division.https://leagle.com/images/logo.png
Argued April 26, 2005.
Decided August 2, 2005.
Attorney(s) appearing for the Case
Michael L. Mouber, Marlton, argued the cause for appellant in A-6766-02T1 and appellant/cross-respondent in A-3201-03T1.
Jeffrey I. Baron, Voorhees, argued the cause for Mipro Homes, respondent in A-6766-02T1 and respondent/cross-appellant in A-3201-03T1 (Baron & Riefberg, attorneys; Mr. Baron, of counsel; Barbara E. Riefberg, on the brief).
Robert M. Washburn, Cherry Hill, argued the cause for respondent Builders League of South Jersey, Inc. (Flaster/Greenberg, attorneys; Mr. Washburn, of counsel; Richard J. Hoff, Jr., on the brief).
Jeffrey N. Rabin, Senior Assistant County Solicitor, argued the cause for amicus curiae Board of Chosen Freeholders of the County of Burlington in A-6766-02T1 (Evan H.C. Crook, Burlington County Solicitor, attorney; Mr. Rabin, on the brief).
Thomas W. Dunn, Montvale, argued the cause for amicus curiae New Jersey State League of Municipalities in A-6766-02T1 (William John Kearns, Jr., attorney; Mr. Dunn, on the brief).
Peter C. Harvey, Attorney General, attorney for amicus curiae State of New Jersey in A-6766-02T1 (Nancy Kaplen, Assistant Attorney General, of counsel; Rachel Horowitz, Deputy Attorney General, on the brief).
Before Judges SKILLMAN, GRALL and GILROY.
Superior Court of New Jersey, Appellate Division.
The opinion of the court was delivered by
SKILLMAN, P.J.A.D.
The issue presented by this appeal is whether evidence that a municipality's motive in selecting properties for open space acquisition is to slow down residential development makes use of the eminent domain power for this purpose improper. We conclude that a municipality's acquisition for open space of properties on which residential development is planned constitutes a proper use of the eminent...
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