Mount Laurel Township v. MiPro Homes, L.L.C.
Mount Laurel Township, Plaintiff-Respondent, v. Mipro Homes, L.L.C., Defendant-Appellant, and Lorraine C. Elbon and 190 Elbo, L.L.C., Defendants, and Builders League of South Jersey, Inc., a New Jersey Non-Profit Corporation, Defendant-Intervenor-Appellant
Attorneys
Jeffrey I. Baron, argued the cause for appellant (Baron & Riefberg, attorneys; Mr. Baron and Barbara E. Riefberg, on the briefs)., Robert M. Washburn, argued the cause for intervenor-appellant (Flaster/Greenberg, attorneys; Mr. Washburn and Vincent J. Nolan, III, of counsel and on the briefs)., Michael L. Mouber, argued the cause for respondent., Jeffrey N. Rabin, Assistant County Solicitor, argued the cause for amicus curiae Board of Chosen Freeholders of the County of Burlington (Evan H.C. Crook, Burlington County Solicitor, attorney)., Thomas W. Dunn, argued the cause for amici curiae The New Jersey State League of Municipalities and New Jersey Institute of Local Government Attorneys (Beattie Padovano and William John Kearns, Jr., General Counsel attorneys)., Rachel J. Horowitz, Deputy Attorney General, submitted a brief on behalf of amicus curiae State of New Jersey (Zulima V. Farber, Attorney General of New Jersey, attorney; Patrick DeAlmeida, Assistant Attorney General, of counsel)., Meryl AG. Gonchar, submitted a brief on behalf of amicus curiae New Jersey Builders Association (Greenbaum, Rowe, Smith & Davis, attorneys; Mr. Gonchar, Dean A. Gaver and Steven Firkser, of counsel and on the brief)., Robert J. Assuncao, submitted a brief on behalf of amicus curiae National Association of Home Builders (DLA Piper Rudnick Gray Cary US, attorneys).
Full Opinion (html_with_citations)
We affirm the holding of the Appellate Division for the reasons expressed by Judge Sldllman in his thoughtful and well-written opinion. We recognize, as did the panel below, that the citizens of New Jersey have expressed a strong and sustained public interest in the acquisition and preservation of open space. The Appellate Division points to the numerous statutes enacted in the 1960s and 70s, and even more recently in the 1990s, authorizing loans and grants to expand the State’s Green Acres Program. Most pertinent here, various of those statutes provide municipalities with the power of eminent domain to acquire land for recreation and conservation purposes. Mt. Laurel Twp. v. MiPro Homes, L.L.C., 379 N.J.Super. 358, 371-72, 878 A.2d 38 (App.Div.2005) (citing New Jersey’s Green Acres statutes, N.J.S.A. 13:8A-1 to -55, authorizing state and local governments to acquire land for recreation and conservation purposes). Even more telling, New Jersey residents have voted repeatedly for the issuance of state and county bonds to provide funding for open space acquisition.
That Mount Laurel Township sought to limit development, thereby to limit the overcrowded schools, traffic congestion and pollution that accompanies development, does not alter our dispo
Finally, we note that on remand and the appointment of condemnation commissioners, the property will be valued at its fair market value, including value associated with MiPro’s final subdivision approval obtained twenty-two days before the filing of the declaration of taking. Cf. State ex rel. Commissioner of Trans. v. Caoili, 135 N.J. 252, 268, 639 A.2d 275 (1994) (stating that “potential subdivision is a highly material factor bearing on the optimum use of the property and its fair market value.”).