If access is completely denied, meaning from the sidewalk, then you
have a case for damages, not under eminent domain, but I assume as a
regular tort case. There is probably no compensable damages for
blocking or closing the street, unless it stops deliveries. The
state/city/etc can reroute a road and there is no guarantee the you
have traffic on the street. But deliveries is another thing.
--- In AsburyPark@yahoogroups.com, "Skip Bernstein" <[EMAIL PROTECTED]>
wrote:
>
> Leonard,
> I don't remember whether St. James Place's closure is part of the
> infamous Fishman land grab, it probably is, which would no doubt
doom
> your business. However, even if it is you may have an action
against
> the city or more likely your landlord for the failure to provide
> notice. You need to talk to a lawyer if you've not already done
so;
> who knows this, lack of legal notice, just might be one of those
> stupid little details that provides a clever lawyer an interesting
case.
>
>
> --- In AsburyPark@yahoogroups.com, "cyberbuss" <[EMAIL PROTECTED]>
wrote:
> >
> > 03/25/05
> >
> > For anyone interested, below is a copy of letter I sent to Mr.
Reidy.
> >
> > Please forgive the amateur procedure but I am computer
illiterate.
> > HAPPY HOLIDAY.
> > #################
> >
> > 230 COOKMAN AVENUE CORPORATION
> > P.O. Box 9826
> > Trenton, New Jersey 08650
> >
> >
> >
> > March 28, 2005
> >
> >
> > Mr. Reidy, City Manager
> > Asbury Park
> > One Municipal Plaza
> > Main Street
> > Asbury Park, New Jersey 07712
> >
> >
> > RE: ROAD AND SIDEWALK BLOCK OF "ANYBODYS" 108 ST. JAMES PLACE;
BLOCK
> > 130, LOT 5; Feb. 22, 2005
> >
> >
> > Dear Mr. Reidy:
> >
> > In my letter to you dated March 16, 2005, I described the
> > circumstances of the closure of St. James Place by the
redeveloper
> > and its contractor, with the acquiescence of the City. My
business
> > is located on St. James Place. The street was closed and
excavated,
> > without any prior notice to me, much to the detriment of and
> > interference with my livelihood and business. On March 18,
2005, a
> > new sign was installed stating that "SIDEWALK AND ROADWAY CLOSED
TO
> > PEDESTRIANS AND TRAFFIC". Enclosed are two photographs. This
> > blockade is an intolerable and unjustifiable violation of my
> > property rights and is interfering with my prospective business
> > advantage, resulting in substantial damages.
> >
> > Demand is hereby made that the City immediately cause access to
my
> > St. James Place business to be reinstated.
> >
> > It is further demanded that the City stop the blatant and
arrogant
> > pattern of trampling and violating the property rights of City
> > taxpayers by the City's redeveloper. The City must be held
> > accountable for its continued acquiescence to these illegal and
> > abusive tactics.
> >
> > STOP EMINENT DOMAIN ABUSE!
> >
> >
> >
> > Very truly yours,
> >
> >
> > 230 COOKMAN AVENUE CORPORATION
> >
> >
> > By: ____________________________
> > Leonard Soriano, President
> > Encl: 2
> >
> > Cc: Mr. Aaron, Esq.
> > Mr. F. Raffetto
> > Honorable Mayor K. Sanders
> > Deputy Mayor Bruno
> > Councilman Loffredo
> > Councilman Hamilton
> > Councilman Johnson
> > Mr. Glen Fishman
> > Mr. Larry Fishman
> > Ms. D. Petrasek
> > Mr. J. Reilly, Esq.
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