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TOWN OF KEARNY v. DISCOUNT CITY

A-76 September Term 2009.

16 A.3d 300 (2011)

205 N.J. 386

TOWN OF KEARNY, Plaintiff-Respondent, v. DISCOUNT CITY OF OLD BRIDGE, INC., Spartech Polycom, Franklin Plastics Corp., Defendants, and DVL Kearny Holdings, LLC, Defendant-Respondent, and James Farm Market Corp. and James Wholesale Warehouse, Inc., Defendants-Appellants.

Supreme Court of New Jersey.

Decided March 17, 2011.

Attorney(s) appearing for the Case

Edward Sun Kiel , Hackensack, argued the cause for appellants (Cole, Schotz, Meisel, Forman & Leonard, attorneys).

Gregory J. Castano, Jr. , West Caldwell, argued the cause for respondent Town of Kearny ( Castano Quigley , attorneys).

James G. O'Donohue argued the cause for respondent DVL Kearny Holdings, LLC ( Hill Wallack , attorneys; Mr. O'Donohue and L. Stephen Pastor , Princeton, on the briefs).

Justice LONG delivered the opinion of the Court.

The issues on this appeal include the following: whether one who is not the record owner of property when a redevelopment designation is being considered under the Local Redevelopment and Housing Law (LRHL), N.J.S.A. 40A:12A-1 to -73, may later challenge a blight designation in an eminent domain proceeding; whether a leasehold interest, standing alone, can be condemned...

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