I was at the trial most of the time.
I was amazed at the proceedings.
First off, the pre trial motions.
Right for jurors to visit property was denied. Judge thought the
jurors would be confused by the smell of the ocean air and the
current improvements. Duh! Location, Location, Location!
Then there was the arguement not to allow the testimony of HALL, the
former appraiser of Bruce Mac Cloud, who Bruce FIRED, when McKirdey &
Riskin left the case.
I have a big problem with that. HALL was retained by counsel and one
would think professional client privledge (confidentiality) would
have been sacred. Not in Waldman's court!
Obviously the jury did not buy Long Branch's appraisal of MCGUIRE
which was actually $140K. Fernicola got to go places in his cross,
that Bruce's lawyer was not allowed, credability!
One example, the city was able to rip apart JONES, becasue his first
career was as a musician. (what relevence does that have) He does
not have a college degree. He opted to go to specific educational
training in the field of real estate & appraisal.
Over the 6 days in the court, it was very apparent the Judge was bias
towards Long Branch. On the first day, I sat there, as he reminiest
of how his father grew up on second avenue. How his father met Max
Bear (sp) once there and how the boxer gave his dad a pair of boxing
gloves... someone poked me to say quietly; "You own the boxing club
now, right?"
I laughed. That was the only time I laughed as I watched my friend
who has never harmed a flea, get beat up, by thugs under the laws of
New Jersey.
Instead of calling names, I would just like to say; "The law
governing redevelopment and condemnation sucks" The people of New
Jersey need to deal a blow against the deaf ears of those legislators
who refused to fix it over the last 2 years since Kelo v New London.
They should not be allowed to return to Trenton come January '08.
At least Mayor Pringle has woke up!
Kevin Brown
--- In AsburyPark@yahoogroups.com, "dfsavgny" <[EMAIL PROTECTED]> wrote:
>
> --- In AsburyPark@yahoogroups.com, "oakdorf" <oakdorf@> wrote:
> >
> > So Mccloud gets $220,000. To bad they had to drag him out of his
house.
>
> > This is a case where the CITY caused blight and therefore set the
> > value of his home. Had the city not boarded up these other homes,
then
> > an appraiser would not state that in his report, right Dan?
> >
>
> 1. NJ communities are some of the largest abusers of the power of
> eminent domain.
>
> 2. Jury trials suck and typical jurors don't have a clue. However,
> considering the quality of judges in Monmouth County, it is kind of
> like choosing to put the shotgun in your mouth or up your ass.
>
> 3. Properties subject to condemnation for a project must appraise
the
> properties ABSENT any effect of the project. That means both
increases
> and decreases in value. It depends why the blight was created. Was
it
> because the properties were subject to being taken? That would be
> blight caused by the project and should not be considered. If it was
> non-project blight caused by failure of the city, well that is
> something else that can be considered by the letter of the law.
Should
> it though?
>
> As the dissents in the Kelo decision suggested, the remedy for
> "blight" when it involves dilapidated properties, is the police
powers
> (code enforcement, etc.) and not eminent domain.
>
> Then post-Kelo there is the movement to more precisely
define "blight."
>
> NJ communities' use of eminent domain borders on the criminal. It
> appears that it may continue in Monmouth County however.
>
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