City of Asbury Park v. Asbury Park Towers, et. al
On August 8, 2006, in the matter of City of Asbury Park v. Asbury Park Towers, et. al. the Appellate Division of the New Jersey Superior Court affirmed the trial court’s denial of an application by a redeveloper to intervene in a condemnation action. Although the Court recognized that “. . . Asbury Partners, as the Master Developer, has a significant stake in this specific acquisition . . . we are satisfied that the interest of the redeveloper is adequately represented by the condemning authority in the valuation proceedings.” The Court based this decision on a multitude of factors. For example, the Court noted the impracticality of allowing a private redeveloper “. . . to micro-manage the proceedings once the matter is turned over to the condemning authority.” The Court also found that the City of Asbury Park’s track record clearly demonstrated a zealous and unyielding commitment to the acquisition of property necessary for redevelopment. The Court focused most of its attention on this circumstance and the failure of the redeveloper to offer any contrary evidence. Indeed, according to the Court, “[i]n the absence of a clear showing, by specifically articulated facts, of conduct by the public entity that palpably evinces a derogation of its fiduciary responsibilities, there is no basis upon which to conclude that the interest of the redeveloper is not adequately represented in these valuation proceedings. No such showing has been made here.”
The Appellate Division’s decision in City of Asbury Park v. Asbury Park Towers has been approved for publication.