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TOWNSHIP OF WEST ORANGE v. 769 ASSOCIATES, L.L.C.

800 A.2d 86 (2002)

172 N.J. 564

TOWNSHIP OF WEST ORANGE, a Municipal Corporation, Plaintiff-Appellant, v. 769 ASSOCIATES, L.L.C., a New Jersey Limited Liability Company, Defendant-Respondent, and Maricusa Corp., a New Jersey Corporation; Local America Bank of Tulsa, a Federal Savings Bank; and American Cancer Society, New Jersey Division Inc., Defendants.

Supreme Court of New Jersey.

Decided June 20, 2002.

Attorney(s) appearing for the Case

Richard S. Schkolnick, Morristown, argued the cause for appellant (Hersh, Ramsey & Berman, attorneys).

Dennis J. Drasco, Roseland, argued the cause for respondent (Lum, Danzis, Drasco, Positan & Kleinberg, attorneys; Mr. Drasco and Kevin J. O'Connor, on the briefs).

Thomas M. Olson, Morristown, submitted a brief on behalf of amicus curiae, Institute for Justice (McKirdy & Riskin, attorneys; William H. Mellor, a member of the District of Columbia bar and Dana Berliner, a member of the Pennsylvania bar, on the brief).

The opinion of the Court was delivered by ZAZZALI, J.

In this appeal we must determine whether a municipality's proposed condemnation of private property constituted a valid exercise of its eminent domain power. Plaintiff Township of West Orange (Township or West Orange) sought condemnation of approximately one-half acre of property owned by defendant 769 Associates, L.L.C. (769 Associates or defendant) for use as a dedicated public street. Defendant opposed the Township...

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