Township of West Orange v. 769 Associates, L.L.C.

The opinion of the Court was delivered by

ZAZZALI, J.

In this appeal we must determine whether a municipality’s proposed condemnation of private property constituted a valid exercise of its eminent domain power. Plaintiff Township of West Orange (Township or West Orange) sought condemnation of approximately one-half acre of property owned by defendant 769 Associates, L.L.C. (769 Associates or defendant) for use as a dedicated public street. Defendant opposed the Township’s action on the ground that the proposed taking was not for a public use. The trial court ruled in favor of the Township and…