MTOTSA appeal set for May 14 in Trenton

As their day in court approaches, a group of Long Branch homeowners fighting to save their oceanfront properties from condemnation say they are in the best position they can be.

FILE PHOTO Community members protest against eminent domain during a rally on the Long Branch oceanfront in 2005. Members of Marine and Ocean terraces and Seaview Avenue, known as the MTOTSA alliance, are scheduled to appear in Superior Court of New Jersey Appellate Division in Trenton on May 14 at 10 a.m.

"We worked hard these past few years trying to save our homes, educating the public, testifying at Assembly and Senate hearings," MTOTSA member Lori Ann Vendetti said.

"MTOTSA's appellate court case was supposed to be heard in the spring of 2007, and for some reason it took over a year for our day to finally come," Vendetti said. "If we had gone to the appellate court last spring, we would not have had any of the great court decisions" in support of property owners.

"This is the best position we can be in," she added.

A rally is planned for prior to the court appearance outside the courthouse at approximately 8:45 a.m., according to Institute for Justice (IJ) attorney Scott Bullock.

FILE PHOTO Attorney Peter H. Wegener of Bathgate Wegener and Wolf and Institute for Justice attorney Scott Bullock are acting as co-counsel for MTOTSA. MTOTSA property owners, attorneys and possibly someone from the New Jersey Public Advocate's office will speak at the rally, Bullock said.

"We want to show support for these folks who have been fighting for their rights and their day in court," Bullock said of the rally.

Agroup of some 18 homeowners inMTOTSA are being represented by Peter H. Wegener of Bathgate Wegener and Wolf in Lakewood in the appeal. IJ attorneys Bullock and Jeff Rowes are acting as co-counsel in the case.

State Public Advocate Ronald Chen has filed an amicus, or friend of the court, brief in support of the MTOTSA property owners in the case.

The attorneys are appealing the Superior Court ruling of Judge Lawrence M. Lawson that permits the city's use of eminent domain to condemn the properties in the three-street MTOTSA neighborhood.

The burden to overturn Lawson's decision lies in the hands of the MTOTSA homeowners and their attorneys, according to attorney Paul V. Fernicola, who is representing the city.

"The arguments will be made before a panel of three judges," Fernicola said. "In this particular case, there is a 1996 [redevelopment] report. The Long Branch report is a model of a redevelopment study.

"There is evidence clearly supporting that this area is in need of redevelopment," he said. "The issue now is whether Judge Lawson was correct.

"The burden is on MTOTSA to show that there is not substantial evidence to support the [in need of redevelopment] designation and that the city's decision was arbitrary, capricious and unreasonable."

Bullock said that there were several property cases over the past year that were decided in favor of property owners that he believes will help MTOTSA.

"We are really looking forward to making the arguments for these folks who have been fighting for such a long time," Bullock said, noting that briefs in the case were originally filed in 2005.

"We feel confident that Judge Lawson's decision cannot stand because of several recent court decisions in the state, and I plan to spend the bulk of my time [May 14] addressing these cases," Bullock said.

Such cases include the Gallethin case, the Harrison case, the Lodi case and the Belmar case, according to Bullock.

Vendetti said that with the court date just a week away, she feels scared and at the same time, relief.

"Our lives have been on hold for so long," Vendetti said. "We have lost many neighbors to death, and so many property owners deserve their lives back. They deserve to live out their lives in their own homes.

"I can only say we are in the best position we can be in, and hopefully the courts will do the right thing. No one's home in New Jersey or America should have it taken for another's private benefit. Eminent domain abuse has to stop.

"MTOTSA has never been about money, holding out, etc. It has always been about the principle of the American dream, homeownership, and about what is fundamentally right.

"No one should be forced to give up their homes unless it is truly for the original traditional intent of eminent domain, such as a highway, bridge, school," Vendetti said.

According to Fernicola, under the New Jersey redevelopment law, there are eight criteria to determine whether an area can be designated in need of redevelopment.

If any area applies to at least one criteria, the designation is supported, according to Fernicola, who said Long Branch used four criteria in making the determination for MTOTSA.

"There were 19 percent of the buildings in MTOTSA that were deemed in poor condition," Fernicola said. "And 30 percent of the land in MTOTSA was vacant.

"There was 24.3 acres of vacant land in MTOTSA and 15 acres of the 24.3 acres had been vacant prior to 1985.

"To have that amount of vacant land shows that there was no private investment coming into this area to revitalize it," Fernicola said.

Vendetti said that in addition to the court day next week, MTOTSA had another fight on their hands on Monday.

On May 5, there was a Senate hearing for Sen. Ronald Rice's bill S757, according to Vendetti, who said that Rice intends to push through eminent domain reform amendments.

"Our legislators are scared of all the recent court decisions that have gone for the property owners," Vendetti said. "They want to push a bill through that will absolutely do nothing to help a property owner keep their home.

"They want to push it through so they can say they did something about eminent domain and move on. We are not going to allow that to happen.

"No matter what happens on May 14, I will continue to fight our legislators to push through a bill that has some teeth to it and not a bill to just appease the public," Vendetti said.