Providing Meaningful Judicial Review of Municipal Redevelopment Designations: Redevelopment in New Jersey Before and After Gallenthin Realty Development, Inc. v. Borough of Paulsboro

51 Pages Posted: 3 Nov 2013

See all articles by James R. Zazzali

James R. Zazzali

Gibbons, PC

Jonathan L. Marshfield

University of Florida Levin College of Law

Date Written: 2009

Abstract

This Article examines the significance of the New Jersey Supreme Court’s decision in Gallenthin Realty Development, Inc. v. Paulsboro for redevelopment and property rights in New Jersey. It suggests that Gallenthin has resulted in the revival of meaningful judicial review of municipal redevelopment designations. Specifically, the Authors contend that Gallenthin confronted two pervasive problems concerning judicial review of redevelopment designations. First, since 1947, when New Jersey adopted a constitutional provision that specifically authorized the legislature to pass laws permitting the taking of property for redevelopment of “blighted areas,” courts have unduly acquiesced to legislative and municipal interpretations of “blight.” Gallenthin addressed this trend by reaffirming that the judiciary is responsible for ensuring that only “blighted areas” are subject to redevelopment. Second, although municipal fact-finding is entitled to deference if supported by substantial evidence, courts often deferred to municipal redevelopment designations based on an expert’s conclusory testimony that the property satisfied the statutory requirements for redevelopment. Gallenthin clarified that judicial deference is proper only if a municipality presents meaningful, quantitative evidence that directly correlates to the relevant statutory criteria. Indeed, post-Gallenthin judicial review provides property owners with great protections without frustrating legitimate redevelopment initiatives.

Keywords: Kelo, redevelopment, New Jersey, blight, property rights, condemnation, eminent domain, state constitutional law

Suggested Citation

Zazzali, James R. and Marshfield, Jonathan L., Providing Meaningful Judicial Review of Municipal Redevelopment Designations: Redevelopment in New Jersey Before and After Gallenthin Realty Development, Inc. v. Borough of Paulsboro (2009). Rutgers Law Journal, Vol. 40, 2009, Available at SSRN: https://ssrn.com/abstract=2346921

James R. Zazzali

Gibbons, PC ( email )

NJ
United States

Jonathan L. Marshfield (Contact Author)

University of Florida Levin College of Law ( email )

309 Village Dr.
Gainesville, FL 32611
United States

HOME PAGE: http://www.law.ufl.edu/faculty/jonathan-marshfield

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