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TABAAC v. ATLANTIC CITY

174 N.J. Super. 519 (1980)

417 A.2d 56

IRVIN TABAAC, INDIVIDUALLY AND ON BEHALF OF ALL TAX-PAYERS IN THE CITY OF ATLANTIC CITY, COUNTY OF ATLANTIC, STATE OF NEW JERSEY, AND BOARDWALK PROPERTIES, INC., INTERVENOR, PLAINTIFFS, v. THE CITY OF ATLANTIC CITY; HOUSING AUTHORITY AND URBAN REDEVELOPMENT AGENCY OF ATLANTIC CITY; ATLANTIC CITY ASSOCIATES, INC.; CONVENTION CENTER HOTEL ASSOCIATES; PLAYBOY OF ATLANTIC CITY; PLAYBOY OF NEW JERSEY, INC.; DOROTHY M. WHITNER; WILLIAM C. WHITNER; MILTON N. ZIC; JOHN W. MCTIGUE; WILLIAM E. CRAVER, JR.; PLAYBOY-ELSINORE ASSOCIATES, AND ELSUB CORPORATION, DEFENDANTS.

Superior Court of New Jersey, Law Division Atlantic County.

Decided May 6, 1980.

Attorney(s) appearing for the Case

Matthew H. Powals, for defendant City of Atlantic City.

Bertram M. Saxe, for defendant Housing Authority and Redevelopment Agency of Atlantic City.

Patrick C. English and Ralph W. Platine, for plaintiff Tabaac (Krantz, Feldman & Platine, attorneys).

William F. Campbell, III, for plaintiff Boardwalk Properties, Inc. (Dillon, Bitar & Luther, attorneys).

Arnold K. Mytelka and Edward N. Fitzpatrick, for all defendants except City of Atlantic City and Housing Authority and Urban Redevelopment Agency of Atlantic City (Clapp & Eisenberg, attorneys).

HAINES, J.S.C.

In 1967 Atlantic City (city), concerned about its declining ratables and deteriorating convention business, adopted an urban renewal plan for an area adjoining its boardwalk and Convention Hall. Responsibility for execution of the plan resided in its Housing Authority and Redevelopment Agency (Housing Authority or Authority). In April 1973 the Authority succeeded in negotiating a redevelopment contract...

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