Donut shop puts hole in Belmar's case.
Plainfield business owners concerned about whether the City -- in its transit-oriented development obsession -- might try to declare them blighted and take their properties by eminent domain, can take some comfort from a ruling handed down yesterday against the Borough of Belmar.
As reported in today's Asbury Park Press, it seems the town wants the bakery and a small mall to be declared blighted so that a $500M upscale condo/boutiques development could go up.
Not so fast, said the court.
The court ruled --
"Freedman's Bakery is not a blighted area even if its design is not optimal for its commercial purposes," the court ruled in a 10-page unanimous decision issued by Appellate Judges Ariel Rodriguez, Donald G. Collester Jr. and Thomas N. Lyons.The bakery's attorney, Paul Fernicola of Red Bank, was even more pointed --
The court said the borough had failed to convince it that the internal operation of Freedman's was a detriment to the public health, safety and welfare.
"What was the public detriment? When you really focus on what they said, their argument was that the internal production facilities weren't up to modern design standards," Fernicola said. "Modern design standards? Because the plant isn't producing 150 doughnuts per second? Seriously, the Borough of Belmar is going to tell the Freedman family how to conduct their business?"The appelate court cited the recent Paulsboro case ruling by the NJ Supreme Court --
"New Jersey's Constitution "does not permit government redevelopment of private property solely because the property is not used in an optimal manner," the state's high court ruled.It is clear that the Paulsboro ruling is going to hold towns to a higher standard with regard to what is 'blighted', and that should give property owners everywhere a sense of being more on an equal footing.
About time.
Asbury Park Press - 7/13/2007: "Belmar bakery not "blighted"; Ruling a blow to redevelopment"
-- Dan Damon
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1 comments:
Thank goodness the courts are finally standing up on this issue. But just a note to say that Freedman's is more than a donut shop. It's a very old family business all along the shore well known for old fashioned bakery service; custom cakes, breads, real cookies, and of course, donuts. Take Freedman's?? Really nuts!
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