Court rebuffs city's bid to block public advocate
Appellate court allows amicus brief in support of homeowners
BY CHRISTINE VARNO
Staff Writer

Ronald K. Chen

LONG BRANCH - - A recent court ruling will allow state Public Advocate Ronald. K. Chen's friend of the court brief to be used in a Long Branch eminent domain case.

On March 5, the state Superior Court Appellate Division rejected a motion filed on behalf of the City of Long Branch that sought to block the public advocate's amicus curiae brief from being used to support an appeal by a group of Long Branch homeowners who are fighting the city's attempt to take their oceanfront homes for a private redevelopment project.

"Now it is time to move beyond the legal maneuvering and focus on addressing the critical issues of this case," said Chen in a press release last week.

"This case raises serious concerns about the fairness of a process that can force longtime residents to relinquish their homes to private developers," he said.

This is the second motion by the city that has been denied by the Appellate Division in the legal battle being waged by residents of Marine Terrace, Ocean Terrace and Seaview Avenue, a neighborhood that has come to be known as MTOTSA.

In December, the appellate court denied the city's motion to disqualify the Arlington, Va.-based public interest law firm, the Institute for Justice (IJ), from representing a group of some 38 MTOTSA homeowners.

IJ was admitted to the case "pro hac vice" to act as co-counsel with attorney Peter H. Wegener, Lakewood.

The admission of the public advocate's brief in the MTOTSA case means the court will consider Chen's arguments when it decides whether the city can legally take the homes in the neighborhood, according to Chen.

Chen's brief supports MTOTSA's appeal of a June ruling by state Superior Court Judge Lawrence M. Lawson that

affirmed the city's right to take the homes of residents in the three-street MTOTSA neighborhood for redevelopment as a private luxury condominium project.

In his brief, Chen urged the appellate division to reverse the trial court's judgment and send the case back to the courts for a full and fair hearing to resolve disputed facts, according to the release from the Office of the Public Advocate.

The homeowners had requested full discovery, a hearing and dismissal of the condemnation actions, which was denied by Lawson.

"The homeowners contesting the condemnation are asking for full discovery and a hearing," Chen said, adding, "and we are urging the court to grant their request."

In the release, Chen explained that the purpose of a friend of the court brief is to call attention to law, facts, or other circumstances that might otherwise escape consideration.

"Participating in cases like the Long Branch eminent domain matter is one of the department's primary roles as guardian of the public interest," Chen said.

IJ attorney Jeff Rowes agreed.

Rowes said in an interview last week that his firm "fully expected" the Appellate Division to deny what he called a "ridiculous" motion by the city.

"The court understands that the public advocate has something important to contribute," Rowes said. "The public advocate's voice is enormously important."

Rowes explained that in rejecting the city's motion, the appellate court made a decision to hear the MTOTSA case on the merits of the case and not on technicalities.

"The motion was part of the city's unbroken pattern, trying to prevent the court from learning what this case is really about," Rowes said, "which is the taking of modest homes and giving them to the rich."

Also appealing Lawson's decision are MTOTSA homeowners Louis and Lillian Anzalone of Ocean Terrace who are being represented by William J. Ward, of Carlin & Ward, Florham Park.

Both cases are being tried together and Chen's brief will be used in both matters, Rowes explained.

The oral arguments in the case are expected to take place in the summer or the fall, according to Rowes.