MTOTSA tenant can remain, pending appeal
Judge to attorneys: Reach agreement or I'll order eviction
BY CHRISTINE VARNO
Staff Writer

JEFF GRANIT staff Mackenzie Keelen, 9, shows her support during a protest held June 22 outside the Monmouth County Courthouse in Freehold where a hearing was held on the city's legal action to evict Long Branch resident Bill Nordahl from his home. More photos, page 22.

A Long Branch rental tenant has reached an agreement with the city that will allow him to remain in his home pending a court decision on the city's right to condemn his oceanfront neighborhood for a private redevelopment project.

Attorneys for both sides reached a settlement Friday during a court appearance by Bill Nordahl before Superior Court Judge Lawrence M. Lawson on an order of possession served by the city.

The city issued the order to have Nordahl evicted from the home he rents in the Marine Terrace, Ocean Terrace and Seaview Avenue neighborhood known as MTOTSA, after he refused to sign a use and occupancy agreement.

Before issuing a ruling, Lawson urged Nordahl's attorney, Barbara J. Gonos, and the city's condemnation attorney, Paul V. Fernicola, to reach a negotiation outside of chambers or he would order Nordahl to be evicted from the property.

Bill Nordahl

"Can't you two lawyers get together and work this out without coming to the courthouse?" asked Lawson after hearing arguments by both Gonos and Fernicola.

"Everybody wants to bring their dirty laundry here for me to figure out," he said, adding, "Either you two are going to work it out, or I am going to have a sheriff put Mr. Nordahl out."

The city acquired title to Nordahl's home in February after reaching a condemnation settlement with the owners of the property, according to Fernicola.

Nordahl, 69, was told by Lawson and Fernicola that he could remain a tenant of the Marine Terrace apartment that he has rented for the past 41 years pending the outcome of an appeal brought by MTOTSA.

A group of some 20 MTOTSA property owners are appealing a decision by Lawson that upheld the city's use of eminent domain to acquire the properties in their three-street neighborhood for a luxury condominium project.

"This is an unfortunate circumstance that we have to bring this motion," Fernicola, Red Bank, said in court.

"In February, Councilman Brian Unger, as well as redeveloper Greg Russo, contacted Mr. Nordahl and said, 'You can stay in the property, you just have to sign a use and occupancy agreement," Fernicola said. "The terms of the use and occupancy agreement were very clear.

"The whole purpose of the agreement was for no tenant relationship [between Nordahl and the city]," he said.

But Gonos argued that Lawson ruled March 2 to deny a motion filed on behalf of Nordahl to dismiss a condemnation complaint he received from the city

In his ruling, Lawson said Nordahl could remain a tenant, according to Gonos.

"[Mr. Fernicola] didn't ask that a written use and occupancy be signed," Gonos said.

"The only concession was that if the city wins the appeal, then [Nordahl] cannot use that as a defense," she said in court.

Lawson ordered a 30-minute recess for the attorneys to attempt to reach an agreement on the terms of the use and occupancy agreement after hearing the arguments presented by both sides.

After reconvening in court, Fernicola said the city has dropped its motion to evict Nordahl based on Nordahl's signing an amended use and occupancy agreement.

"It is a pleasure to tell you we have reached a full resolution," Fernicola said. "We've made the changes in handwriting. We have a written agreement."

Gonos added, "The city has been more than fair."

According to the new use and occupancy agreement, Nordahl will only be responsible for the portion of the multi-unit property which he occupies and will not be responsible for payment of utilities, water and fuel.

It further states that Nordahl's situation will have no force or effect on the residents' appeal and his argument concerning his tenancy rights.

PHOTOS BY JEFF GRANIT staff Protesters rallying outside the Monmouth County Courthouse Friday in support of Bill Nordahl included Avery Grant, Joe Turpin and Harold Cooper, who serve with him on the Concerned Citizens Coalition of Long Branch, and fellow MTOTSA resident Carmen Vendetti, who is also fighting the city's condemnation of his home.

During her arguments, Gonos said that the original agreement held Nordahl responsible for anything and anybody on the property.

"He only occupied one-fourth of the property," Gonos said.

Gonos further argued that Nordahl felt that the language in the original agreement voided his tenancy rights.

"The city could have forced Bill to sign the agreement as is because we had lost all bargaining power, but it didn't," Gonos said after the court appearance.

"What's more, the city accepted all the changes graciously, without gloat, treating us with respect, and not making us grovel or beg, which it could have," she said.

In his concluding statement," Lawson thanked the attorneys for coming to an amicable solution.

"This is a hot topic," Lawson said.

"I understand that I had some visitors outside," he said, referring to a group of Nordahl supporters who rallied outside the courthouse the morning of the arguments.

"That goes with the territory," Lawson said, adding, "Thanks for resolving this matter. On many occasions, matters are better resolved by parties rather than the court."