I said it wouldn't be legal in NY. In NJ my research indicates that
there are cases that support the argument that the sale could be
vacated but it's not per se illegal. It's true that Asbury Partner's
clearly is warehousing property but that's been said a thousand times.
-----Original Message-----
From: kyangazi denson <[EMAIL PROTECTED]>
To: AsburyPark@yahoogroups.com
Sent: Mon, 25 Apr 2005 18:33:26 -0700 (PDT)
Subject: Re: [AsburyPark] WareHousing Digest Number 1232
THE DEAL'S DONE, LEGAL OR NOT!
Smells like another Cabberretta Warehousing to me. Perhaps you can
explain the Term: "Warehousing" to the group as it relates to E.D. Abuse
Kyangazi...K A Denson, Write In Candidate for Council
[EMAIL PROTECTED] wrote:
In a message dated 4/25/2005 5:24:15 AM Eastern Standard Time,
AsburyPark@yahoogroups.com writes:
Message: 8
Date: Sun, 24 Apr 2005 14:17:33 -0400
From: "Tyler, Mark" <[EMAIL PROTECTED]>
Subject: RE: Re: Looking to Past Glory
People say I'm too technical in my posts but here goes anyway.
There are differences between New York and New Jersey in development
law.
So it may be difficult to compare. In NY a large scale development
must do
an impact statement that covers more areas of concern than in NJ. At
least
a large scale residential one does. Although an impact statement was
required by NJ for this development, its scope was more limited than in
NY.
The state review in NY seems to be more serious than it was here as
well. It
doesn't matter as much in NY if the municipality doesn't have experience
because the state reviews a broader spectrum of impact issues.
As witnessed by the recent bidding war over the Jets stadium, every
little bit of property must be appraised and bid out to the highest
bidder.
The sales of the Casino and CH, etc. just could not have happened in
NY. Or
at least not in the same way. The developer would not have legal title
and
the manner in which it was done here in Asbury is not even remotely
legal in
NY. In NJ they have passed laws so municipalities can sue after the
development is done, rather than address the problems upfront.
Obviously
this is a different approach.
Mark-
Very interesting post. With NJ's system relying on action after the
fact, it sure does keep a lot of lawyers in business.
The same cockeyed system is apparent in the OPRA law, which allows the
public to see documents, but there is no way to enforce the public's
right to access the meetings where these issues are formed, prior to
becoming documents. If you want to enforce the open public meetings
act, you have to bring your own lawsuit. Thank God there are still some
lawyers who will take such cases pro bono.
How did we ever get such a poor system? Is this an outgrowth of Home
Rule?
Thanks again for sharing your knowledge.
Maureen
Speak up - It's America!!
Maureen Nevin
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