In a recent development, a state appeals court has overturned a lower court ruling that would have allowed Cinnaminson Township to acquire two century-old, long-vacant properties on Route 130 through eminent domain. The case revolves around properties located at 305 and 307 Route 130, which have been left in a state of disrepair, raising concerns about public safety, according to township officials.
Despite attempts by township officials to negotiate with the owner, Thao Le, and encourage the sale of the properties, no transaction was finalized. The municipality filed a complaint in November 2022, seeking to acquire the parcels through eminent domain. However, the trial judge’s determination last fall was contested by a state appellate court on December 4, which argued that the township failed to provide sufficient evidence proving the properties’ disrepair was detrimental to the community.
The appellate court emphasized that, according to state law, governing bodies must demonstrate that the areas in question are “detrimental to the safety, health, morals, or welfare of the community” for eminent domain acquisitions. The court found that Cinnaminson Township fell short of meeting this legal standard.
Mayor Ernest McGill stated that the township is exploring all available options, including the possibility of appealing the decision to the New Jersey Supreme Court. He expressed the township’s commitment to holding the property owner accountable and advocated for the welfare of residents and the local business community.
The court decision drew parallels with a recent case involving a West Orange resident challenging the designation of a public library site as an area in need of redevelopment. In that case, the state supreme court sided with the resident, stating that the township failed to prove the old building harmed the community’s welfare.
Thao Le’s attorney, Richard P. DeAngelis Jr., expressed satisfaction with the appellate court’s decision, emphasizing that it aligns with settled law by the New Jersey Supreme Court. He urged the township to respect the well-reasoned opinion of the appellate court, which was influenced in part by the West Orange case.
The properties at 305 and 307 Route 130 have remained vacant for years and have been subject to complaints, police responses, and safety concerns. Efforts to spur redevelopment have faced obstacles, including tax liens and the property owner’s reluctance to finalize plans or facilitate sales. Despite independent appraisals valuing the properties at nearly $600,000, the owner has not withdrawn the funds placed in escrow by a developer. The mayor emphasized that the property owner has failed to contribute positively to Cinnaminson Township’s business community.
