--- In AsburyPark@yahoogroups.com, "dfsavgny" <[EMAIL PROTECTED]> wrote:
> Again from the agreement:
>
> 17.2 No Condemnation/Without Consent
> The City agrees not to condemn or take title by exercise of its
eminent
> domain powers any portion of the Boardwalk Area or Prime Renewal
Area
> without Master Developer's consent.
This is most likely a clause that was drafted when they still thought
the Boardwalk Area was part of the Redevelopment Area. Fishman
thought he had redevelopment right in the Boardwalk Area. I can't see
that this is enforceble on basic equity issues.
For example, what if the sewer plant needs to be expanded and the
designers determine that land is needed for that. Does it make sense
that Asbury Partners could deny consent, hold the rest of the City
hostage and prevent a needed public utility from being constructed?
There are likely many clauses in the agreement that would not hold up
tolegal challange. Any lawyers out there want to address this?
Werner
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