Gallenthin Realty Development, Inc. v. Borough of Paulsboro

Gallenthin Realty Development, Inc. owns a sixty-three-acre parcel of largely vacant wetlands in the Borough of Paulsboro. In 2003, Paulsboro classified the Gallenthin property as “in need of redevelopment” under N.J.S.A 40A:12A-5(e) because the property’s unimproved condition rendered it “not fully productive.” Such a classification subjects property to taking by eminent domain. N.J.S.A 40A:12A-8(c). The trial court and Appellate Division upheld Paulsboro’s redevelopment designation.

Because the New Jersey Constitution authorizes government redevelopment of only “blighted areas,” we conclude…