Attorneys: Paulsboro ruling will impact city BY CHRISTINE VARNO Staff Writer LONG BRANCH - - A recent decision by the New Jersey Supreme Court is being hailed by opponents of the city's use of eminent domain for private redevelopment. In the June 13 decision, the court unanimously struck down an attempt by the borough of Paulsboro to declare as blighted a vacant piece of property. The court ruled that determining that a parcel of land is not fully productive cannot be used as a basis for including the property in a redevelopment area, according to a press release from the public interest law firm, the Institute for Justice (IJ). In its opinion, the court warned of the danger of open-ended blight designation used by the borough and by many other municipalities throughout New Jersey, according to the release. The opinion also contains language that supports the homeowners fighting condemnation of their properties in Long Branch, Washington-based IJ reported in the release. A group of Long Branch homeowners, known as the MTOTSA alliance - an acronym for their three-street neighborhood - are appealing a court decision that permits the city to condemn their properties to allow a developer to build a luxury condominium project. MTOTSA is being represented by Peter H. Wegener, of Bathgate Wegener and Wolf, with IJ acting as co-counsel. In discussing the level of proof needed by the municipality in the Paulsboro case, the court declared, "[A] municipality must establish a record that contains more than a bland recitation of applicable statuary criteria and a declaration that those criteria are met. "Because a redevelopment designation carries serious implications for property owners, the net opinion of an expert is simply too slender a reed on which to rest that determination." "IJ attorney Jeff Rowes said the decision applies to Long Branch. "In declaring a perfectly fine neighborhood blighted, the city of Long Branch relied on the very type of bland, conclusory evidence that the Supreme Court in this case declares inadequate," he said. "The court's decision definitely strengthens our argument that Long Branch violated New Jersey law in taking the homes of long-time residents." In a separate press release regarding the Paulsboro case, state Public Advocate Ronald K. Chen said the ruling will have "far-reaching" effects on both current and future redevelopment projects. "This ruling provides stronger protections for people whose homes, businesses or property are targeted for condemnation so a town can redevelopment an area," said Chen, who filed friend of the court briefs in both the Paulsboro and MTOTSA cases. "This is a victory for New Jersey citizens," he said. "The decision rejects the argument that municipal government can take New Jersey homes and businesses simply because they believe the land could be put to better use."