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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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