CITY OF PASSAIC v. SHENNETT


915 A.2d 1092 (2007)

390 N.J. Super. 475

CITY OF PASSAIC, Plaintiff-Respondent, v. Charles SHENNETT, Defendant-Appellant, and Fannie Shennett and Speigel, Inc., Defendants. Wayne Asset Management, LLC, Plaintiff/Intervenor-Respondent, v. Charles Shennett, Defendant-in-Intervention-Appellant.

Superior Court of New Jersey, Appellate Division.

Decided February 9, 2007.


Attorney(s) appearing for the Case

Harvey R. Pearlman, Rutherford, argued the cause for appellant (Friedman, Kates, Pearlman & Fitzgerald, attorneys; Mr. Pearlman, on the brief).

Gary J. Cucchiara, argued the cause for respondent City of Passaic (Nowell Amoroso Klein Bierman, attorneys, Hackensack; Gregory K. Asadurian, on the brief).

John R. Edwards, Jr., Woodcliff Lake, argued the cause for respondent-intervenor Wayne Asset Management, LLC (Price, Meese, Shulman & D'Arminio, attorneys; Mr. Edwards, on the brief).

Before Judges WEFING, PARKER and C.S. FISHER.


The opinion of the court was delivered by

PARKER, J.A.D.

In this condemnation action, a municipality, alleging that a parcel of private property was abandoned although the taxes were fully paid, exercised its power of eminent domain to take the private property and turn it over to a private entity to develop for profit. The private entity in this case was owned by a former...

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