Bloomfield Township has now lost the second round of its legal battle against property owners downtown, who are fighting the town's use of eminent domain to level their properties and build a brand-new mixed-use development downtown, including a 65,000-foot Stop N Shop with a parking deck on top.
An appeals court has upheld last August's decision by Judge Patricia K. Costello, who blocked the project after finding procedural flaws in Bloomfield's takeover plans.
Essentially, the town argued that property owners were too late in trying to stop original redevelopment plan, having missed the 45-day appeals deadline. Judge Costello gave the owners a chance to argue the case on its merits. The appellate decision upholds Costello's decision.
The full text of the appellate decision is here (pdf). The law firm of Carlin & Ward, which represented the victorious property owners, summarizes the decision here.
"This is good. Big win," said attorney Bill Ward, who argues that eminent domain is not required to redevelopment Bloomfield's downtown. "You don't have to condemn to get improvements."
Carlin & Ward is gearing up for a new challenge of Bloomfield's revised condemnation plan and will file a lawsuit against it by week's end. "If you look at those buildings, none of them are blighted," said Ward, who argues that several downtown properties have actually been improved since condemnation proceedings began. "I don't see how they say this is blight."
















No wonder we fired the Town Attorney. What a poor choice!