FROM THE STAR LEDGER (NJN Publishing)
Wednesday, August 30, 2006
Site for condo complex already removed from redevelopment plan
BY KASI ADDISON
Star-Ledger Staff
Bloomfield can't take a Washington Street property to build a condominium complex as part of its downtown redevelopment project, according to a state appellate ruling released yesterday.
The township went before the panel in March to oppose an August 2005 Superior Court ruling that found the town's redevelopment planning process was flawed, and that there was inadequate proof the property in question, 110 Washington St., was blighted.
The case centered around Bloomfield's first attempt to condemn a property as part of an expansive plan to revitalize a 13.5-acre zone, which encompasses residences and dozens of businesses. Key to the town's argu ment was a May 2005 ruling that found the landowners were too late to challenge the project.
The unanimous written decision from the panel rejected that argu ment, instead affirming Superior Court Judge Patricia Costello's earlier decision.
Lawyers for both 110 Washington Associates, the property owners, and the township agree the ruling isn't as significant as it would have been a few months ago.
"This decision has no affect be cause it was already resolved," said Catherine Tamasik, the town's redevelopment attorney. "It does have an overarching effect on the township's redevelopment program overall because it gives us no guidance, again."
Plans to build the 197-unit condominium complex on 110 Washington St. were shelved in March after builder Toll Brothers Inc. backed out. The town cut a deal with the owners and removed the tract from the redevelopment plan, which will allow 110 Washington Associates to develop it independently.
In an attempt to fix the flaws Costello pointed out in the original November 2000 plan, the planning board approved a "Supplemental Redevelopment Area Study" in July and the council approved it Aug. 7.
The newer document tries to make a stronger case for Bloomfield's use of eminent domain, Ta masik said.
"Not knowing where (the appeal) would end up we took that step so we would be able to move forward regardless of decision," she said. "With it in place, the town can move forward with another condemnation."
Still, there are possible roadblocks ahead for the township in its quest to revitalize the center of the 46,146-resident municipality.
The $160 million redevelopment proposal maps out a total transformation of the sleepy and dilapidated downtown area. Ample parking, a grocery story, restaurants, and two mid-rise apartment buildings were promised as part of the expansive plan.
Some business owners in the area are ready to leave and have asked the town to acquire their land. Others have resisted the project.
Five property owners will file a lawsuit by the end of the week contesting the study's finding their properties are blighted, said William Ward, who also represented 110 Washington Associates.
The last time the group fought the blight designation the complaint was tossed out of court for being too late. That won't be an issue this time around, Ward said, who said his client's case was buoyed by the panel's ruling.
"The ruling shows that we were right in that case," he said. "I think it also points to them being foolish if they try to condemn some of the properties where people aren't agreeing to the condemnation. They are running the risk of being bounced out of court again."
Tamasik said the town will issue new condemnation complaints next month.