Lowenstein secured another victory for client New Jersey Sports and Exposition Authority (NJSEA) when the New Jersey state appeals court affirmed the valuation of a portion of the Keegan Landfill located in the Town of Kearny, finding that the 2018 trial court's conclusion was “supported by sufficient credible evidence.” The appeals court rejected the town’s argument that the property, a portion of the 149-acre landfill that NJSEA acquired through eminent domain, warrants a higher value due to its revenue potential. Law 360 covered the decision.
This victory follows our November, 2017 appellate court victory on behalf of NJSEA, in which the court affirmed the trial court’s ruling that NJSEA had the authority to condemn the property, and our July 2018 New Jersey appellate court victory on behalf of NJSEA, in which the court affirmed the trial court’s finding that the NJSEA was not responsible to the Town of Kearny for indemnification of any amount Kearny may have owed to former owner John P. Keegan for funds Keegan paid to fund a portion of the cleanup of the landfill.
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