Staying The Course Of Long Branch's Eminent Domain Seizures

If a stay is not issued by the trial court, a property owner must seek relief from the Appellate Division of the Superior Court. The standard for issuing a stay in the Appellate Division is difficult to meet and rarely given. The standard for injunctive relief was established by the New Jersey Supreme Court in Crowe v. DiGioia in 1982.

In order to meet the standards, the applicant must demonstrate: 1. That in the absence of such a stay, the claimant will suffer irreparable injury; 2. The legal right underlying the plaintiff’s claim is settled; 3. A reasonable probability of ultimate success on the merits; and 4. The probability of harm to other persons will not be greater than the harm the claimant will suffer in the absence of such relief… – By William J. Ward, Guest Columnist