Plainfield's City Council appeared surprised on Wednesday evening by the announcement of a prominent land use attorney that he represented several property owners who will challenge the city's attempt to include the parking lot on East Second Street in the expanded North Avenue redevelopment plan.
Peter Dickson, of the Princeton firm of Potter and Dickson, successfully argued before the New Jersey Supreme Court in the landmark Gallenthin v. Paulsboro case last spring. The high court unanimously ruled a municipality cannot condemn a property simply by declaring it not fully productive, thus raising the bar on proofs for 'blighting' an area to further redevelopment.
(The Planning Board meets at 8 PM this evening in the City Hall library to hold a public hearing on the 'reduced' -- and poorly named -- Netherwood area redevelopment plan. This plan was reduced from 93 to 16 properties in response to the eminent domain case at the heart of the parking lot challenge. The public is invited.)
For those who have observed the Planning Board's struggles with its own consultant, George Stevenson of Remington & Vernick, Mr. Dickson's comments seemed well-aimed.
Stevenson has repeatedly been challenged by the Planning Board, its attorney, and members of the public on the lameness of his research and attempts to frame compelling reasons for blighting -- not only in regard to the parking lot, but other areas as well.
Some observers have thought Mr. Stevenson a hapless and lackluster researcher. Others, perhaps more seasoned, have surmised that he knows exactly what he is doing and that he is marching to a different drummer -- decidedly NOT the Planning Board -- and that the unconvincing material he dredges up as arguments for 'blighting' are simply the best that he can do because they are the best available.
In any case, if Mr. Stevenson suffers any pangs of trepidation as he drives up to Plainfield twice monthly, they are not likely to be eased by the prospect of duking it out with such heavyweight eminent domain attorneys as Mr. Dickson and his partner, R. William Potter.
Corporation Counsel Dan Williamson was quick to reply to Mr. Dickson's comments, asserting confidence in the Planning Board having done its homework.
Councilor Cory Storch leapt into the breach -- while his colleagues sat slackjawed -- stating forcefully and eloquently his belief that the Planning Board, which had gone back to review and revise the study after the Supreme Court ruling, had done its homework and could withstand a court challenge.
Whatever the outcome, Assemblyman Jerry Green is greatly in debt to Councilor Storch for coming to the defense of the plan, which is part of Green's larger vision for downtown redevelopment.
"Fasten your seat belts," as Bette Davis said in All About Eve, "it's going to be a bumpy ride."
- Law.com: "N.J. Court Sets a Tougher Test of 'Blight' for Using Eminent Domain"
- NJ Eminent Domain Law Blog: "Gallenthin Realty v. Borough of Paulsboro"
- Philadelphia Inquirer: "An Owner Fights Paulsboro's Plan to Develop a Site"
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