Quagliariello v. Twp. of Edison
The court granted the plaintiffs’ application and declared the Township of Edison’s municipal ordinance which authorized the acquisition of plaintiffs’ property as null and void. The township claimed that the plaintiff’s property was an area in need of redevelopment. The township’s adoption of the Redevelopment Plan did not serve any legitimate public purpose and, in fact, had the effect of closing down plaintiffs’ lawful, functioning business. The township wanted the defendant’s property in order to build a pharmacy.
This is a small victory for property owners. In this case, the trial court dismissed the condemnation action because the Township failed to offer proof that the plan met the requests of New Jersey Law. The court found the plan was arbitrary, capricious and unreasonable.
This is an important case since it shows that the courts will not “rubber stamp” redevelopment plans. It is very important for the redevelopment authority to submit sufficient evidence to show that the area is in need of redevelopment and meets one of the criteria set forth in the law.