Beachfront suit won't go to supreme court ... yet BY CHRISTINE VARNO Staff Writer LONG BRANCH - An attempt to put the issue of eminent domain in the city before the state Supreme Court has fallen short, according to the attorney for the owners of an oceanfront property. Although attorney William J. Ward did not succeed in attempting to bypass the appellate division level and have his clients' case heard by the state's highest court, he said he may try again. Ward, of Carlin and Ward, said he may petition the Supreme Court again this time as a joint request with other property owners in his clients' Marine Terrace, Ocean Terrace and Seaview Avenue neighborhood known as MTOTSA. "We are going to end up at the [state] Supreme Court anyway, so why not do it now," Ward said in an interview last week. Ward's Florham Park office was notified in mid-February, that the state Supreme Court had opted to decline the request. "The decision is just a one-liner," Ward said, adding, "There is no explanation, just whether they accept it or decline it. Ward is representing Louis and Lillian Anzalone of Ocean Terrace in the appeal of a June 22 Superior Court decision that gave the city the go-ahead to condemn their home for a private redevelopment project. Some 20 other property owners in the Anzalones' neighborhood have retained Peter H. Wegener, of Bathgate Wegener and Wolf, and Scott Bullock, senior attorney with the Institute for Justice (IJ), to appeal the decision that would allow the city to take the properties through eminent domain and raze the three-street neighborhood for a luxury condominium project. Although the two cases are separate, Ward said he believes the Supreme Court ruled as if it is a joint case. "We are not consolidated with the other case," Ward said. "And all of the briefs have not been filed yet for the [MTOTSA] case. "So the court probably wanted to wait." Ward added that an amicus brief expected to be filed by the League of Municipalities on behalf of the city has not been filed yet and speculated that it could also have contributed to the decision. The MTOTSA attorneys filed the opening brief in their case on Feb. 8 and the city is expected to file its reply brief within 60 days. "Once all of [the MTOTSA case] briefs are in, we will ask their attorneys if they want to go to the Supreme Court and ask them to take the case together," Ward said. Ward said he originally filed the request because of reports of remarks in a recent speech given by Supreme Court Justice James R Zazzali at Brookdale Community College. "In his comment," Ward said, "He said one of the issues the court is expected to deal with is eminent domain. "And specifically he said Long Branch, so I know they are aware of this case," Ward said. Additionally, Ward said the Supreme Court granted a request to bypass the appellate division in a recent case that he said deals with vacant land. "That case has to deal with the local redevelopment housing laws," Ward said. "And it does not have any of the controversial issues we have to deal with. If the Supreme Court is going to look at that, they should look at the statutes in the Long Branch case."