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May 22, 2008
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City homeowners rally outside state courthouse
IJ attorney: What Long Branch has done to MTOTSA is wrong
BY CHRISTINE VARNO Staff Writer

LONG BRANCH - City homeowners stood on the steps outside a Trenton courthouse last week, just minutes before appearing in the state appeals court to defend their homes from what they say is an "abuse" of eminent domain.

The homeowners of the Beachfront North, Phase II redevelopment zone, also known as the MTOTSA (Marine Terrace, Ocean Terrace, Seaview Avenue) neighborhood, were joined by their attorneys, supporters and other residents from across the state who have been affected by eminent domain.

"We have been fighting this battle for at least five years," said Lori Ann Vendetti, who owns two properties in the three-street MTOTSA neighborhood.

"We are going to win today," she said. "Stop our nightmare that we have been living for the last five years."

Institute for Justice (IJ) attorney Scott Bullock, who is one of the attorneys representing the 17 Long Branch homeowners in the appeal, said at the rally, "It has been a long time.

"It has been a long journey that we have taken seeking justice. We are confident that the homeowners will prevail and the court will rule that what Long Branch has done to the MTOTSA neighborhood is wrong, illegal and it will be stopped," Bullock said.

MTOTSA residents and residents representing other redevelopment zones in the city poured out of a bus on May 14 to rally outside the Richard J. Hughes Justice Complex in Trenton prior to the start of their appeal before a panel of three judges.

The homeowners are appealing a June 2006 trial court ruling that permitted the city's governing body to take the homes in the MTOTSA neighborhood for a private redevelopment project.

The IJ is being joined by attorneys Peter H.Wegener and BillWard in the appeal, and the attorneys are seeking that the judges rule to dismiss the city's condemnation complaints, or at a minimum, have the case sent back to the trial court.

The MTOTSA homeowners and supporters wore shirts and held signs in support of keeping their homes and against the abuse of eminent domain.

Some signs read, "Hands off my home," "Find your own land" and "I love my home."

MTOTSA resident Denise Hoagland and her three daughters participated in the rally.

"A long time ago this turned into us fighting for our homes," Hoagland said.

"It has become every home in America," she said, adding, "We are here representing every home in America."

Bullock added, "We are going to go in there and present our case, and justice will prevail."

Louis Anzalone, 91, compared his fight to keep his home inMTOTSAto the Japanese government during World War II.

"Standing here today as a war veteran, I am reminded of the day they dropped the bomb on Pearl Harbor," Anzalone said. "The Japanese government wanted to use eminent domain.

"We fought and died in World War II and today we have the very same ominous threat," he said.

Ward and Wegner both said at the rally that they are confident that the panel of judges will rule in favor of the property owners.

"Today is our day," Ward said. "I am very confident that we are going to prevail today.

"I think we are going to get an outright dismissal. The law is on our side," Ward said.

Wegener added, "We are confident that the state is going to protect the rights of its citizens."