Brief Seeks Dismissal Of Condemnations

….”I would be astonished if the appellate court, at the very least, did not overturn the trial court decision and allow for discovery to permit evidence in a real hearing,” said Institute for Justice (IJ) Senior Attorney Scott Bullock in an interview last week. “I ultimately see the MTOTSA homeowners keeping their homes,” Bullock said, adding, “That is what N.J. redevelopment law requires,” Bullock said.

Peter H. Wegener of Bathgate Wegener and Wolf, Lakewood, with IJ, Arlington, Va., as co-counsel, filed the opening brief in the appeal in the Appellate Division of state Superior Court on behalf of 18 property owners in the Beachfront North, Phase II redevelopment zone. The city is expected to file its response brief within 60 days. …

Attorney William J. Ward, Carlin & Ward, Florham Park, is representing Ocean Terrace residents Louis and Lillian Anzalone in the appeal. The opening brief in the Anzalone appeal was filed in January, according to Ward, who explained that his client is on a different briefing schedule than MTOTSA.

One reason Ward believes that MTOTSA is a couple of weeks behind his clients in the briefing process is due to the city’s attempt to block IJ from being admitted to the MTOTSA case “pro hac vice.” – By Christine Varno, Staff Writer