CASINO REINVT. AUTH. v. BIRNBAUM

DOCKET No. A-0019-16T1.

203 A.3d 939 (2019)

458 N.J. Super. 173

CASINO REINVESTMENT DEVELOPMENT AUTHORITY, a Public Corporate Body of the State of New Jersey, Plaintiff-Appellant/Cross-Respondent, v. Charles BIRNBAUM and Lucinda Birnbaum, Defendants-Respondents/Cross-Appellants, and Louis Taylor Davis, Gerald Gittens, The Atlantic City Municipal Utilities Authority, The Atlantic City Sewerage Co., and The City of Atlantic City, Defendants.

Superior Court of New Jersey, Appellate Division.

Decided February 15, 2019.


Attorney(s) appearing for the Case

Stuart M. Lederman argued the cause for appellant/cross-respondent (Riker Danzig Scherer Hyland & Perretti LLP, attorneys; Stuart M. Lederman, of counsel; Rudy S. Randazzo , Kellen Murphy , and Katherine Nunziata , on the brief).

Robert J. McNamara (Institute for Justice) of the Virginia bar, admitted pro hac vice, argued the cause for respondents/cross-appellants (Potter and Dickson, Robert J. McNamara and Daniel L. Alban (Institute for Justice) of the Virginia bar, admitted pro hac vice, attorneys; Peter D. Dickson , on the brief).

Adam M. Gordon , attorney for amicus curiae Fair Share Housing Center.

Mark Miller , attorney for amicus curiae Pacific Legal Foundation.

Before Judges Koblitz, Ostrer and Currier.


The opinion of the court was delivered by

Plaintiff Casino Reinvestment Development Authority (CRDA) appeals from the August 5, 2016 dismissal of its complaint for condemnation of a residential property in the city of Atlantic City owned by defendants Charles and Lucinda Birnbaum. The CRDA sought to condemn the Birnbaum...

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