Freehold
-Appellate Court Declares City Can't Require Property
Owners Renovating Buildings in Redevelopment Zone to Pay Infrastructure Costs. -
Read Paul Fernicola's Summary of Judges' Opinion, which applies
statewide. Listen to Paul's comments on the decision in 9 o'clock hour of
4/21/05 show.NOTE: The Britwood restorers did
their own infrastructure work.
Attorneys for The Britwood,
who are also representing clients suing for the right to develop their own
properties,
say this decision should help
these owners. In both
cases, attorney
Paul Fernicola argued that the State Land Use Law governs applications to
develop properties in a redevelopment zone. The City and Asbury Partners argued
that the State Redevelopment Law superceded the state land use law. The
Appellate Court has now ruled that the
State Land Use Law
does control such development applications and rejected the
argument that the redevelopment law superceded the
State Land Use Law
as argued by the City Council and Asbury Partners.(Photos:
Britwood Court Before and After Restoration by Rich DePetro and partners)