PRESS RELEASE – JULY 9, 2010
NJ COURT DEALS BLOOMFIELD YET ANOTHER
DEFEAT.
On July 6, 2010
a New Jersey Superior Court issued yet another decision halting the
Township of Bloomfield’s desire to use the eminent domain statue to
obtain private property. Essex County
Assignment Judge Patricia K. Costello ruled that Bloomfield’s attempt
to use the Bloomfield Parking Authority as a means to seize property
through eminent domain was disingenuous and violated an earlier
settlement signed between the Township and the property owner.
The property
owner, Anthony Ellenbogen, has been battling the Township since the
beginning of their first failed redevelopment attempt eight years ago. “I am extremely thankful to Judge Costello for
being able to see the injustice that was going to occur and justifiably
ruled in a manner that protects the small property owner. At some point
you would hope that the citizens of Bloomfield would want a government
that behaves properly and ethically. They have
already had to pay the fired first developer, Forest City, nearly $5
million, and now they continue to pursue yet another fatally flawed
strategy ” states Ellenbogen.
“This Court
decision clearly illustrates that municipalities can not continue to
run roughshod over private property owner’s rights” emphasizes
Ellenbogen. “My only “fault” was owning
property that someone else decided they wanted. My
property is in excellent condition and fully rented. It
is my desire is to be left alone to own the property I legally
purchased years ago”, concludes Ellenbogen.
Attorneys
William Potter and Peter Dickson, who represent Mr. Ellenbogen believe
Judge Costello’s decision makes a very clear and important statement.
“We are very
grateful to Judge Costello for her careful analysis of the complete
record of Bloomfield redevelopment proceedings and parking needs
studies in reaching her conclusion. Using
eminent domain laws to displace viable, on going businesses that
contribute to the rich diversity of downtown is not only illegal but
it’s bad urban planning” cites Potter and Dickson.
By
the highly respected Judge Costello denying the Township’s request for
a dismissal of the case, and instead granting a summary judgment to the
plaintiff, Anthony Ellenbogen, the NJ Courts have again illustrated
that there is hope for the single individual citizen fighting town hall.
“The evidence
establishes that Bloomfield impermissibly tried to circumvent the terms
of the 2007 Consent Order and is attempting to erect a parking deck on
plaintiff’s properties in order to accommodate its overall
redevelopment plans” states Costello.
Ellenbogen and
his attorneys vow that they will continue to fight the Township of
Bloomfield for as long as it takes to ensure that the properties in
question are not taken by the Town. “I hope
they realize now that I will not go away, and that I am determined to
win” summarizes Ellenbogen.
Garden State Yoga In The News
PRESS RELEASE – JULY 9, 2010
NJ COURT DEALS BLOOMFIELD YET ANOTHER DEFEAT.
On July 6, 2010 a New Jersey Superior Court issued yet another decision halting the Township of Bloomfield’s desire to use the eminent domain statue to obtain private property. Essex County Assignment Judge Patricia K. Costello ruled that Bloomfield’s attempt to use the Bloomfield Parking Authority as a means to seize property through eminent domain was disingenuous and violated an earlier settlement signed between the Township and the property owner.
The property owner, Anthony Ellenbogen, has been battling the Township since the beginning of their first failed redevelopment attempt eight years ago. “I am extremely thankful to Judge Costello for being able to see the injustice that was going to occur and justifiably ruled in a manner that protects the small property owner. At some point you would hope that the citizens of Bloomfield would want a government that behaves properly and ethically. They have already had to pay the fired first developer, Forest City, nearly $5 million, and now they continue to pursue yet another fatally flawed strategy ” states Ellenbogen.
“This Court decision clearly illustrates that municipalities can not continue to run roughshod over private property owner’s rights” emphasizes Ellenbogen. “My only “fault” was owning property that someone else decided they wanted. My property is in excellent condition and fully rented. It is my desire is to be left alone to own the property I legally purchased years ago”, concludes Ellenbogen.
Attorneys William Potter and Peter Dickson, who represent Mr. Ellenbogen believe Judge Costello’s decision makes a very clear and important statement.
“We are very grateful to Judge Costello for her careful analysis of the complete record of Bloomfield redevelopment proceedings and parking needs studies in reaching her conclusion. Using eminent domain laws to displace viable, on going businesses that contribute to the rich diversity of downtown is not only illegal but it’s bad urban planning” cites Potter and Dickson.
By the highly respected Judge Costello denying the Township’s request for a dismissal of the case, and instead granting a summary judgment to the plaintiff, Anthony Ellenbogen, the NJ Courts have again illustrated that there is hope for the single individual citizen fighting town hall.
“The evidence establishes that Bloomfield impermissibly tried to circumvent the terms of the 2007 Consent Order and is attempting to erect a parking deck on plaintiff’s properties in order to accommodate its overall redevelopment plans” states Costello.
Ellenbogen and his attorneys vow that they will continue to fight the Township of Bloomfield for as long as it takes to ensure that the properties in question are not taken by the Town. “I hope they realize now that I will not go away, and that I am determined to win” summarizes Ellenbogen.
Performed for a Live (Yoga) Studio Audience
