TRENTON, NJ -- The Appellate Division rejected the City of Long Branch’s attempt to strike the Public Advocate’s arguments from the record of an eminent domain case that centers on the city’s move to condemn modest beachfront homes to build upscale condominiums.

The ruling means the court will consider the Public Advocate’s arguments when it decides whether the city can legally take the homes from 38 Long Branch residents.

 “Now, it is time to move beyond the legal maneuvering and focus on addressing the critical issues of this case,” said Public Advocate Ronald Chen. “This case raises serious concerns about the fairness of a process that can force longtime residents to relinquish their homes to private developers.”

“Eminent domain is an issue of enormous public importance,” Chen added. “Clearly, our role in this case as a friend-of-the-court is not only legal and appropriate, it is vital if we are to safeguard the rights of all homeowners in New Jersey. We’re happy the court agreed with us.”

The advocate’s amicus brief supported an appeal by the 38 Long Branch residents fighting the city’s condemnation of their modest beachfront homes to make way for an upscale condominium project. 

Chen urged the Appellate Division to reverse the trial court’s judgment and send the case back to the courts for a full and fair hearing to resolve disputed facts. The homeowners had requested full discovery, a hearing and dismissal of the condemnation action, but the trial court denied their request.

 “The homeowners contesting the condemnation are asking for full discovery and a hearing, and we are urging the court to grant their request,” Chen explained.

The City of Long Branch had filed a motion asking the court to reject the Public Advocate’s friend-of-the-court brief.

The purpose of an amicus is to call the court’s attention to law, facts or other circumstances that might otherwise escape consideration. Participating in cases like the Long Branch eminent domain matter is one of the department’s primary roles as guardian of the public interest, Chen said.

Read The Public Advocate's Legal Brief In Long Branch Case