MacCloud suit drags on Eighth adjournment in suit seeking just compensation for home BY CHRISTINE VARNO Staff Writer A Long Branch resident displaced by the city's oceanfront redevelopment project is still awaiting his day in court. Bruce MacCloud was expected to appear in state Superior Court Monday for a trial to determine the value of his Cooper Avenue home, which was condemned by the city. However, the trial was adjourned for the eighth time over the course of two years, according to MacCloud's attorney, William J. Ward, of Carlin & Ward, Florham Park. "The whole process has had a tremendous negative effect on [MacCloud] and his family," said Ward on Tuesday. "He is now separated from his wife," Ward said, adding, "His wife is living with her mother in Rumson and [MacCloud] is living with a friend in Red Bank. "Bruce is essentially homeless until he gets enough money to buy a home," Ward said. The case is expected to come up on the court calendar again in the spring, according to Ward. Paul V. Fernicola, of Bowe & Fernicola, Red Bank, is representing Long Branch in the suit. Fernicola explained Tuesday that the trial was adjourned because of a death in the family of the city's appraiser, an expert witness in the case. "We requested that Mr. Ward start the trial later this week on procedural matters that do not require witnesses," Fernicola said. "Then we could start hearing testimony on the case on Monday," he added. But Ward had prior court cases scheduled later this week and early next week that would pose conflicts, Fernicola said. Ward confirmed that he does have a case scheduled for Monday, but added that the city's request was "absurd." "You cannot just say let's carry the case until next Monday," Ward said. "We had a judge ready last Monday. We may not have a judge next Monday." MacCloud, the last resident in the Beachfront North Phase I redevelopment project to be displaced, was removed from his 110-year-old residence by six police officers on Nov. 6, 2002. The city's appraisal firm, McGuire Associates, Jersey City, appraised MacCloud's 17-room, oceanfront Victorian home at $140,000. "They think they offered me just compensation for $140,000," MacCloud said in a press release from Ward's office. "I feel that's unjust compensation. Do you know anywhere in Monmouth County where you can buy a house for $140,000?" A second appraisal, conducted by a firm retained by MacCloud, valued the property at $630,000, according to Ward. "This case is about just compensation," Ward said. "We are confident we are going to get a good verdict. It is hard to say what the verdict will be, but we are expecting a verdict close to [the $630,000]." According to Fernicola, in Long Branch condemnation cases, historically the trial verdicts are "overwhelmingly in favor of the city." MacCloud's trial was scheduled to begin Dec. 4 before Judge John T. Mullaney Jr. at the county courthouse in Freehold, according to Ward. "As the judge pointed out when he looked at his computer records, this is the eighth adjournment of the case," Ward explained. "Three of the adjournments were because there was no judge available and five of the eight [adjournments] were because Mr. Fernicola or his expert witness were not available," Ward said. "We have been ready for this trial four or five times already," Ward added. Fernicola said condemnation cases are usually not adjourned eight times. "On at least one of the adjournments, I was trying another case and another adjournment occurred in June because [the city's appraiser] had surgery," Fernicola said. "On three of the [adjournments] there just wasn't a judge available," Fernicola said, adding, "It is unfortunate." Fernicola explained Tuesday that the trial was adjourned because of a death in the family of the city's appraiser, an expert witness in the case. "We requested that Mr. Ward start the trial later this week on procedural matters that do not require witnesses," Fernicola said. "Then we could start hearing testimony on the case on Monday," he added. But Ward had prior court cases scheduled later this week and early next week that would pose conflicts, Fernicola said. Ward confirmed that he does have a case scheduled for Monday, but added that the city's request was "absurd." "You cannot just say let's carry the case until next Monday," Ward said. "We had a judge ready last Monday. We may not have a judge next Monday." MacCloud, the last resident in the Beachfront North Phase I redevelopment project to be displaced, was removed from his 110-year-old residence by six police officers on Nov. 6, 2002. The city's appraisal firm, McGuire Associates, Jersey City, appraised MacCloud's 17-room, oceanfront Victorian home at $140,000. "They think they offered me just compensation for $140,000," MacCloud said in a press release from Ward's office. "I feel that's unjust compensation. Do you know anywhere in Monmouth County where you can buy a house for $140,000?" A second appraisal, conducted by a firm retained by MacCloud, valued the property at $630,000, according to Ward. "This case is about just compensation," Ward said. "We are confident we are going to get a good verdict. It is hard to say what the verdict will be, but we are expecting a verdict close to [the $630,000]." According to Fernicola, in Long Branch condemnation cases, historically the trial verdicts are "overwhelmingly in favor of the city." MacCloud's trial was scheduled to begin Dec. 4 before Judge John T. Mullaney Jr. at the county courthouse in Freehold, according to Ward. "As the judge pointed out when he looked at his computer records, this is the eighth adjournment of the case," Ward explained. "Three of the adjournments were because there was no judge available and five of the eight [adjournments] were because Mr. Fernicola or his expert witness were not available," Ward said. "We have been ready for this trial four or five times already," Ward added. Fernicola said condemnation cases are usually not adjourned eight times. "On at least one of the adjournments, I was trying another case and another adjournment occurred in June because [the city's appraiser] had surgery," Fernicola said. "On three of the [adjournments] there just wasn't a judge available," Fernicola said, adding, "It is unfortunate." "This case is about just compensation," Ward said. "We are confident we are going to get a good verdict. It is hard to say what the verdict will be, but we are expecting a verdict close to [the $630,000]." According to Fernicola, in Long Branch condemnation cases, historically the trial verdicts are "overwhelmingly in favor of the city." MacCloud's trial was scheduled to begin Dec. 4 before Judge John T. Mullaney Jr. at the county courthouse in Freehold, according to Ward. "As the judge pointed out when he looked at his computer records, this is the eighth adjournment of the case," Ward explained. "Three of the adjournments were because there was no judge available and five of the eight [adjournments] were because Mr. Fernicola or his expert witness were not available," Ward said. "We have been ready for this trial four or five times already," Ward added. Fernicola said condemnation cases are usually not adjourned eight times. "On at least one of the adjournments, I was trying another case and another adjournment occurred in June because [the city's appraiser] had surgery," Fernicola said. "On three of the [adjournments] there just wasn't a judge available," Fernicola said, adding, "It is unfortunate."