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MOUNT LAUREL TP. v. STANLEY

885 A.2d 440 (2005)

185 N.J. 320

MOUNT LAUREL TOWNSHIP, Plaintiff-Petitioner, and Southern Burlington County NAACP, Camden County C.O.R.E., Camden County NAACP, Ethel Lawrence, Thomasine Lawrence, Catherine Still, Mary E. Smith, Shirley Morris, Jacqueline Curtis, Gladys Clark, Betty Weal, and Angel Perez, on behalf of themselves and others similarly situated, Plaintiffs/Intervenors-Petitioners, v. Richard L. STANLEY and Lucia Stanley, his wife, Defendants-Respondents. and Hudson City Savings Bank, and McCurdy & Riskin, P.A., Defendants.

Supreme Court of New Jersey.

Decided November 21, 2005.

Attorney(s) appearing for the Case

Kevin D. Walsh and Michael L. Mouber, Marlton, argued the cause for appellants (Kevin D. Walsh, attorney for Southern Burlington County NAACP, Camden County C.O.R.E., Camden County NAACP, Ethel Lawrence, Thomasine Lawrence, Catherine Still, Mary E. Smith, Shirley Morris, Jacqueline Curtis, Gladys Clark, Betty Weal and Angel Perez and Michael L. Mouber, attorney for Mount Laurel Township; Mr. Walsh and Peter J. O'Connor, on the joint briefs).

Wendy F. Klein, Hackensack, argued the cause for respondents (Cole, Schotz, Meisel, Forman & Leonard, attorneys; Thomas J. LaConte, of counsel; Ms Klein and Mr. LaConte, on the brief).

PER CURIAM.

Our State Constitution specifically provides that "[p]rivate property shall not be taken for public use without just compensation," N.J. Const. art. I, ¶ 20. That limitation on governmental power mirrors the restrictions present in the Fifth Amendment to the Federal Constitution: "[N]or shall private property be taken for public use without just compensation." U.S. Const. amend V. The procedural protections required to implement those...

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