he Appellate Division of the New Jersey Superior Court granted the request of property owners Louis and Lillian Anzalone for a stay of the eminent domain action threatened against their home located at 32 Ocean Avenue, Long Branch, New Jersey. The Order for Stay, signed by presiding judge Jack L. Lintner, will prevent Long Branch from seizing the Anzalone property while the appeal is pending. The City of Long Branch also filed a motion to accelerate the appeal. That motion was denied.
Superior Court Assignment Judge Lawrence Lawson previously denied a stay to the property owners in the MTOTSA neighborhood in his 60-page opinion issued on June 22, 2005 (http://www.njeminentdomain.com/state-of-new-jersey-kelo-anniversary-the-eminent-domain-abuse-saga-continues.html). The decision of the Appellate Division is significant because the property owners had to demonstrate a probability of success in the merits of the appeal in order to meet the standard for obtaining a stay. Stays are not automatically or routinely granted in condemnation matters.
This is a significant victory for the property owners and bodes well for a favorable decision on the merits of the case. For both orders of the court: http://www.njeminentdomain.com/ANZALONE-MOTION%20FOR%20STAY.PDF
New Jersey Eminent Domain Blog: http://www.njeminentdomain.com
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