Lowenstein Sandler prevailed in a property condemnation and valuation litigation filed in the Superior Court of New Jersey, Hudson County, on behalf of the New Jersey Sports and Exposition Authority (NJSEA) against the Town of Kearny, New Jersey.
The case involved the valuation of a portion of the Keegan Landfill, owned by the Town of Kearny, that NJSEA took title to in 2016 through eminent domain. The suit arose out of a disagreement as to the property’s value based on its highest and best use as of the date of the taking.
After extensive testimony from witnesses for both sides, the court accepted our arguments on behalf of NJSEA as to the valuation of the property. The highest and best use is based on factors such as physical possibility, legal permissibility, economic and financial feasibility, and maximum productive use, and the court agreed with us that the highest and best use was for passive recreation. With that as the highest and best use, the court held that the property’s fair market value was $1,818,000—far less than the amount the town sought.
This important victory follows 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.