A successful challenge to a redevelopment plan does not always end the battle. If a plan is stricken by a court for procedural reasons (ie. sufficient proofs were not submitted to the planning board), the condemning authority can start over and once again adopt a plan and seek to condemn property forcing property owners to challenge the redevelopment plan a second time. However, the property owner may benefit from (1) changes in the law, or (2) changes in political agendas, which is what is happening in Trenton.
On behalf of our clients, Mr. and Mrs. Shelton, we were successful in having an amendment to an area in need of redevelopment to include the Shelton’s property stricken by the court. (Decision – PDF) The City (and its redeveloper) went back to the planning board and are seeking a "do over" to once again go after the Sheltons’ property. Although this is permitted, a certain City councilman who is concerned over Eminent Domain abuses has voiced his opposition to any amendment that would allow the condemnation of property. Mr. and Mrs. Shelton have done a terrific job of staying on top of this project and making certain that City council is aware of what is going on.