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ASBURY PARK v. ASBURY PARK TOWERS

Nos. A-1520-05T1, A-1167-05T1.

905 A.2d 880 (2006)

388 N.J. Super. 1

CITY OF ASBURY PARK, a Municipal Corporation of the State of New Jersey, Plaintiff-Respondent, v. ASBURY PARK TOWERS, Defendant-Respondent, and The Presbyterian Home of Asbury Park; New Jersey Housing Finance Agency; the City of Asbury Park Sewerage Authority; the City of Asbury Park; and the State of New Jersey, Defendants. Asbury Partners, LLC, Appellant.

Superior Court of New Jersey, Appellate Division.

Decided: August 8, 2006.

Attorney(s) appearing for the Case

Martin L. Borosko, argued the cause for appellant (Becker Meisel, attorneys, Livingston; Mr. Borosko, of counsel; Daniel L. Pascoe, on the brief).

John H. Buonocore, Jr., Morristown, argued the cause for respondent, Asbury Park Towers (McKirdy and Riskin, attorneys; Mr. Buonocore, of counsel and on the brief).

No brief was filed on behalf of respondent City of Asbury Park.

Before Judges SKILLMAN, AXELRAD and PAYNE.

The opinion of the court was delivered by

AXELRAD, J.T.C. (temporarily assigned).

This appeal raises the issue of whether a private entity that is contractually obligated to pay the amount of a condemnation award is entitled to intervene as a party in the condemnation action and participate in a plenary manner in the valuation proceedings. The private entity in this case is appellant, Asbury Partners, LLC, which has contracted with the City of Asbury Park...

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