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Finally, Post Gallenthin Appellate Division Upholds Redevelopment Designation

May 25, 2010 | No Comments
Posted by Michael Bruno

On May 6, 2010 the Appellate Division in Suburban Jewelers, Inc et al v. City of South Plainfield  upheld the City Of Plainfield’s redevelopment designation of a portion of its central business district.   Of the over thirty cases that have reviewed, discussed or cited the Gallenthin case since Gallenthin was decided in the summer of 2007, this is the first Appellate Division case that upholds a municipalities redevelopment designation against a challenge and provides a much anticipated blueprint going forward.  The Court outlines the City’s determination study and provides good commentary on the study required in connection with whether an area qualifies in need of redevelopment under the law.  The Court pays particular note to the specific conditions cited in the City Planner’s needs report for each property within the area and that those conditions were the result of adequate investigation.  Post Gallenthin, this case is a must read for any municipality considering a redevelopment designation or for any redeveloper undertaking due diligence in connection with an existing redevelopment project.

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