Leonard
As I am sure your atorney has pointed out to you, Asbury Partners
does not have the power of condemnation, rather, that resides in the
City which must condemn your property for them. I do not believe
that the City has in fact moved to condemn your property. While
Fishman may have appraisals done for the purpose of negotiating with
you in lieu of condemnation, the developer should not be enaging the
for the appraisal to set the advance payment or offer for your
property for condemnation. That, and all other actions,
negotiations, etc., should be conducted and directed by the
condemning authority, in this case the city. To do otherwise would
be improper I believe since it would appear that the City would be
empowering the developer with rights it does not, and cannot have,
under law. While I hope Fishman negotiates fairly with you, I doubt
he will give you what you want or what in fact you deserve. That
will ultimately be up to the court. On the other hand, if the City
wanted to drag its feet and refuse to condemn (I assume APartners
could bring suit against the City to force it to do so) that would
put extra pressure on Fishman. As I see it, the City could put a lot
of pressure on the developer to do right by property owners if it
wanted to. Keep up the public pressure.
--- In AsburyPark@yahoogroups.com, "cyberbuss" <[EMAIL PROTECTED]>
wrote:
>
> 04/03/05
>
> To anyone interested, below is copy of letter sent to Ellen
Carroll,
> Editor NEW COASTER.
>
> Ellen Carroll
> The Coaster
>
> RE: "ANYBODYS" 108 ST. JAMES PLACE
>
> Dear Ms. Carroll:
>
> In your March 10, 2005 article entitled "$10 Million Work Changes
> City Landscape", you reported in part:
> Meanwhile, Anybody's Bar at the corner of Cookman Avenue and St.
> James Place, continues to operate even as the buildings around it
> have been torn down. Fishman said he hoped to continue
negotiations
> with the bar owner Leonard Soriano.
> "It is our intent to reach a settlement with the owner," he said.
> St. James Place is closed to traffic while the construction work
in
> ongoing.
> By way of clarifying the record, while Mr. Fishman may say he
hopes
> to continue negotiations, he has persistently refused to respond
in
> writing to the substantial defects and deficiencies I have pointed
> out in the appraisal report upon which Asbury Partners has based
its
> confiscatory offer for my property. It is bad faith when a
property
> owner, under threat of condemnation, makes repeated requests for a
> response in writing to substantial issues raised about an offer
and
> such requests go unanswered or are ignored by Fishman and the City.
> In the meantime, the redeveloper and its demolition contractor,
with
> the acquiescence of the City, trespassed outright onto my
property,
> without prior notice or my consent. The trespass occurred despite
> my numerous prior requests for information as to how the building
> next door was going to be demolished, without damage to my patrons
> or my property.
> Also, since your March 10th article, not only has the roadbed of
St.
> James Place been closed, but now pedestrians are prohibited from
the
> sidewalk. This is the street and sidewalk that provides access to
> my business and livelihood. This is direct interference with my
> business opportunity.
> 230 COOKMAN AVENUE CORPORATION
> P.O. Box 9826
> Trenton, NJ 08650
>
> Please know that the rights and lives of long time and loyal
> taxpayer citizens who happen to be in the way are daily being
> violated and abused and their properties are being confiscated by
> the actions of the redeveloper and the inaction of the City, all
> under the spell of greed and arrogance.
>
> STOP EMINENT DOMAIN ABUSE!
>
> Very truly yours,
>
>
> 230 COOKMAN AVENUE CORPORATION
>
>
> By: ____________________________
> Leonard Soriano, President
>
> 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.
> Mr. Y. Rokowsky
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