--- In AsburyPark@yahoogroups.com, [EMAIL PROTECTED] wrote:
>
>
>
They don't have a chance in the world to win.
Atty.: City involved in conflicts of interest
> Challenge to eminent domain links law firms to developers
> BY CHRISTINE VARNO
> Staff Writer
>
> Long Branchâs taking of properties for redevelopment is being
challenged in
> court papers that claim law firms hired by Long Branch had ties to
developers
> of the oceanfront.
> William J. Ward, who is representing two property owners in one of
the cityâ
> s redevelopment zones, on Feb. 3 filed answers in state Superior
Court to the
> condemnation complaints served on his clients by the city.
> âThe answers [to the condemnation complaints] are setting up the
defenses to
> challenge the takings,â Ward said in an interview Tuesday.
> Ward, of Carlin & Ward, Florham Park, also filed motions to
dismiss the
> complaints.
> The city of Long Branch filed complaints in December to condemn
the
> residences of Thomas and Lillian Anzalone at 32 Ocean Terrace, and
Francis T. DeLuca
> at 21 Ocean Terrace, both located in the Beachfront North, Phase
II
> redevelopment zone.
> Ward outlined the four defenses he will use to defend the eminent
domain
> proceedings.
> The chief defenses for dismissal will be that the city is involved
in two
> conflicts of interest, Ward said.
> According to the answers to the complaints, the âCity of Long
Branch
> retained the firm of Greenbaum Rowe Smith Ravin Davis & Himmel, as
counsel in
> connection with the redevelopment project for which the subject
property is being
> condemned. Arthur M Greenbaum, senior partner of the Greenbaum
firm, has
> continually served as a member of the board of directors of
Hovnanian Enterprises
> Inc. at all relevant times. Hovnanian Enterprises Inc. is the
parent company
> of Matzel and Mumford, one of the cityâs designated redevelopers
for the
> subject property. The Greenbaum firm represented Hovnanian
Enterprises Inc. when
> it acquired Matzel and Mumford.â
> It continues: âThe Greenbaum firm stands to gain financially
from its
> representation of Hovnanian Enterprises Inc. Arthur Greenbaum
stands to gain
> financially from any investment he has or had in Hovnanian
Enterprises Inc. as a
> result of the subject propertyâs redevelopment.â
> Ward pointed out that City Attorney Jim Aaronâs firm, Ansell
Zaro Grimm &
> Aaron, also represents a conflict of interest in the condemnation
proceedings.
> âThe Ansell firm represents Hovnanian Enterprises Inc,â
according to the
> answers filed. âThe Ansell firm has an actual conflict and/or an
appearance of
> impropriety in representing the plaintiff in connection with the
> redevelopment of the subject property. This continued involvement
further taints this
> action and therefore should be void.â
> The other two defenses stated in the answers are: the cityâs
failure to
> negotiate in good faith; and the involvement of the designated
developers in
> dictating what properties should be condemned.
> The Anzalones were offered $330,000 for their property and the
DeLucas were
> offered $552,000, amounts Ward said are substantially less than
market value
> for oceanfront properties.
> âThe city failing to negotiate in good faith is geared to the
low amounts of
> money [my clients] were offered for their homes,â Ward said.
> Ward also said that the Beachfront North, Phase II redevelopment
zone, which
> has come to be known as MTOTSA (Marine and Ocean Terraces and
Seaview
> Avenue) was originally slated for residential infill in the
cityâs 1996
> redevelopment plan.
> âBut that changed in 2002, probably because the developers were
doing so
> well with phase I of Beachfront North that they probably wanted
more properties
> and improperly designated this area as condemned,â Ward said.
âThe
> developers were tied into the agreement.â
> Plans now call for the 36 properties in the three-street
neighborhood to be
> razed and replaced with luxury townhouses and condominiums.
> According to city officials, some property owners in MTOTSA have
negotiated
> the sale of their homes with the city.
> Some 20 other property owners in MTOTSA retained Peter H. Wegener
of
> Bathgate Wegener and Wolf, Lakewood, to challenge the takings of
their homes.
> Wegener has received copies of condemnation complaints for
approximately 11
> of his clients. Wegener is expected to file answers to the
complaints next
> week, according to Ward.
> The cases of all Wardâs and Wegenerâs clients are scheduled to
be heard
> together on Feb. 24 by Judge Lawrence M. Lawson at the court in
Freehold.
> Ward said the date of the hearing could be delayed because Wegener
is
> currently in trial for a different redevelopment case in the city
which may not be
> decided prior to the scheduled date
>
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