HARRISON REDEVELOPMENT AGENCY v. DeROSE


942 A.2d 59 (2008)

398 N.J. Super. 361

HARRISON REDEVELOPMENT AGENCY, Plaintiff-Respondent, v. Anthony J. DeROSE, Defendant/Counterclaimant/Third-Party-Plaintiff-Appellant, v. Town of Harrison and Planning Board of the Town of Harrison, Third-Party Defendants-ReSpondents. Harrison Redevelopment Agency, Plaintiff-Respondent, v. Anthony J. DeRose, Defendant-Appellant, and Office of the Public Defender, Sears Roebuck and Co., Charles A. Stanziale, Jr., Bankruptcy Trustee, State of New Jersey Department of Labor and Workforce Development Division of Workers' Compensation Uninsured Employers Fund, State of New Jersey Department of the Treasury Division of Taxation, and Town of Harrison, Defendants.

Superior Court of New Jersey, Appellate Division.

Decided February 25, 2008.


Attorney(s) appearing for the Case

Richard P. De Angelis, Jr., argued the cause for appellant (Franzblau Dratch, and Stryker, Tams & Dill, LLP, attorneys; Mr. De Angelis, of counsel; Mr. De Angelis and Patrick T. Collins, Livingston, on the brief).

Gregory J. Castano, Jr., West Caldwell, argued the cause for respondents (Castano Quigley, LLC, attorneys; Mr. Castano, on the brief).

Ronald K. Chen, Public Advocate, argued the cause for amicus curiae Department of the Public Advocate of New Jersey (Ronald K. Chen, Public Advocate, attorney; Mr. Chen, Catherine Weiss, Director, Division of Public Interest Advocacy, Jean Reilly, Deputy Director, Division of Public Interest Advocacy, Brian Weeks, Deputy Public Advocate, Fenix Manning-Bowman, Assistant Deputy Public Advocate, and Flavin Komuves, Deputy Public Advocate, on the brief).

Daniel P. Reynolds, Senior Deputy. Attorney General, argued the cause for amicus curiae Attorney General of New Jersey (Anne Milgram, Attorney General, attorney; Nancy Kaplen, Assistant Attorney General, of counsel; Mr. Reynolds, on the brief).

Before Judges PARRILLO, SABATINO and ALVAREZ.


The opinion of the court was delivered by

SABATINO, J.A.D.

These consolidated appeals, along with two companion cases we also decide today,2 converge at the intersection of our state's laws regulating the government's taking of private property for purposes of redevelopment. The central and recurring question before us is whether a property owner who fails to challenge a redevelopment designation containing his or her property...

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