Local Law Blogs

Standing to Appeal From Adverse Decision Without Redevelopment Entity

The Appellate Division of the New Jersey Superior Court in Quagliariello v. Township of Edison, an unreported decision, held that a redeveloper may not stand in the shoes of a municipality on appeal from adverse decision. According to the Court, once "[t]he municipality abandons its purpose to redevelop .. . any property interest that the designated redeveloper may have had as the result of its designation is extinguished[,] . . . and therefore it lacks standing to intervene or prosecute this appeal."

However, the Court also pointed out that in such instance the redeveloper may bring an action against the municipality for breach of contract where the municipality’s decision to abandon the redevelopment project undermines the redeveloper’s contract rights under a redeveloper’s agreement.

 

Full post as published by New Jersey Law Blog on September 22, 2008 (boomark / email).