This week’s New Jersey Lawyer has an update on the Mipro decision from this past summer. The publication reports that the New Jersey Supreme Court will hear a challenge later this year in this closely watched “ambush acquisition” case.
The New Jersey Supreme Court will hear a challenge seeking to overturn an appeals court decision that upheld a municipality’s condemnation of land to slow residential development. The Appellate Division had found that Mount Laurel Township did not abuse its eminent domain power when it condemned 16.3 acres. Developer Mipro Homes planned to build 23 single-family homes on the land and obtained final subdivision approval from the township planning board. After failing to acquire the site voluntarily, Mount Laurel brought a condemnation action. In Mount Laurel Township v. Mipro Homes, the developer contended that stopping residential development was not a legitimate use of eminent domain. Although a trial judge agreed and dismissed the condemnation action and awarded Mipro more than $219,000 in attorney fees, costs and expenses, the Appellate Division ruled unanimously for the township.
We will continue to monitor the situation and report on developments as they occur. Meanwhile, you can read an article on the Appellate Division’s decision that I wrote here (PDF). Technorati Tags: New Jersey : Eminent Domain : Condemnation : Development : Real Estate