Search Site
Menu

Appellate Division Rejects Property Owner Challenge to Condemnation Designation as Out of Time Under Local Housing Redevelopment Law

A Lindenwold woman was out of time to challenge her property’s condemnation designation when she did not challenge the condemnation until three years after the land use board passed a resolution recommending the designation, the Appellate Division held this April.

In Borough of Lindenwold v. Mildred Jackson et al., Docket No. A-1308-20 (App. Div. April 6, 2022), a Borough of Lindenwold property owner, Mildred Jackson, challenged the Law Division’s final judgment granting condemnation of her property to the Borough.

The Local Redevelopment and Housing Law (LRHL) empowers municipalities to designate property as “in need of redevelopment”, which allows the municipality to acquire the property via eminent domain. N.J.S.A. 40A:12A-3. Jackson’s property was part of an area designated as a Condemnation Redevelopment Area after a public hearing in April 2017 held by the Borough Joint Land Use Board. The Board adopted a resolution on April 27, 2017, recommending the designation, and the Borough adopted the recommendation by resolution on May 10, 2017. The Borough sent Jackson a copy of the Borough’s resolution adopting the recommendation, which was sent on May 17 and accepted by certified mail on June 16.

In 2019, the Borough adopted a redevelopment plan that required the acquisition of Jackson’s property, and the Court entered an order to show cause why condemnation should not be granted. In February 2020, Jackson filed a motion requesting the Borough “clearly define” the public purpose of the condemnation and objecting to the designation.

The Appellate Division held that Jackson was time-barred from challenging the public purpose of the property, since she only had 45 days after she received the Borough’s notice of resolution to bring a challenge. LRHL allows a property owner 45 days to object to a redevelopment determination. N.J.S.A. 40A:12A-6. In addition, Rule 4:69-6(a) provides that an action in lieu of prerogative writs must be brought within 45 days.

The Appellate Division also held that the court had no potential bias against Jackson, where Jackson’s niece – who was not an attorney but appeared on Jackson’s behalf in court – had previously brought unrelated claims against the judge.

Our Attorneys

Recent Twitter Posts

  • New Jersey sets emergency water standards for new chemicals. https://t.co/trgaaLL1mD
    5 months ago
  • How will New Jersey manage stormwater as the climate changes and flooding increases? https://t.co/dhVLALyzZ2
    5 months ago
  • Unprecedented storms are slamming NJ – learn how to be the best advocate for your clients when the next flood hits.… https://t.co/TicH6iAjP0
    5 months ago
  • Trenton Water Works has removed 25 percent of lead pipes throughout its service area. https://t.co/KUvhMsJlvU
    5 months ago

Recent Blog Posts

Supreme Court concludes that attorney review period is not a requirement of absolute auction contracts

On June 9, 2022, the New Jersey Supreme Court unanimously decided that attorney review period is not a required contractual provision for a residential real estate sale by absolute auction.
Read More
Supreme Court concludes that attorney review period is not a requirement of absolute auction contracts

It Depends on the Language – The Non-Disparagement Clause

How enforceable is a non-disparagement clause in an agreement? As is always the case with any contract or agreement, it depends on the language. On May 31, 2022, the Appellate Division
Read More
It Depends on the Language – The Non-Disparagement Clause

DCA Tries Again to Use RSIS to Limit Municipal Stormwater Controls

By Michele Donato, Esq. and Stuart Lieberman, Esq. In the 1990’s, developers claimed that municipal residential development ordinances lacked uniformity, increased development costs, and caused uncertainty in the development process. In
Read More
DCA Tries Again to Use RSIS to Limit Municipal Stormwater Controls

Previous Property Manager Charged with Embezzling and Laundering Stolen Funds from Hamilton Park CO-OP.

Nicolas DePaola of Ewing New Jersey was indicted on twelve charges for embezzling and laundering stolen money from his prior client, Hamilton Park CO-OP. On April 1, 2022, a Mercer
Read More
Previous Property Manager Charged with Embezzling and Laundering Stolen Funds from Hamilton Park CO-OP.

In The Media

  • Gulf Coast Town Center facing foreclosure

    Naples Daily News, September 16, 2015

    Wells Fargo filed a lawsuit Sept. 8 against an affiliate of CBL & Associates, the owners of the decadeold, 1.2 million-square-foot mall in south Fort Myers for a $190.9 million unpaid loan. The center has 94 stores on 204 acres, with such anchors as Super Target, Belk, Best Buy, Dick’s Sporting Goods, Marshalls and Costco...

    Read More
  • Town liable for private company's leaking underground tanks, court rules

    NJ.com Jul 26, 2017

    CRANFORD -- A couple that owned a businesses in town and became sick from leaking underground tanks owned by an adjacent business can sue the township for damages because the tanks were partially ...

    Read More
  • Dark Waters: How a Class Action Catapulted NJ to Forefront of 'Forever Chemicals' Battle

    NJ Law Journal Jan 09, 2020

    As property owners become increasingly aware of PFAS contamination, and as individuals exposed to PFAS learn of the health risks associated with exposure, liability will likely affect entire supply chains.

    Read More
  1. 1
  2. 2
  3. 3
  4. 4
  5. 5
Contact Our Firm

Quick Contact Form