March 31, 2018 Pine Barrens Tribune

Page 1

Happy Easter

INSIDE THIS WEEK: Veteran Local Newsman and Tribune Editor Passes Away at Age 81 - Pg.2

PINE BARRENS TRIBUNE www.pinebarrenstribune.com

Vol. 2 – No. 31

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March 31, 2018 – April 6, 2018

PHOTOS BY RYAN MARCHESE A long-vacant supermarket retail space at the Browns Mills Shopping Center in Pemberton Township is boarded up, aesthetically displeasing to many.

Pemberton Aims to Seize Long-Blighted Shopping Center PHOTOS BY RYAN MARCHESE

A sign for the Browns Mills Shopping Center in Pemberton Township sits in disrepair.

By Joyce Blay

Ordinance Introduced; Condemnation Plan Reemerges Also: McCartney Appointed to Take Over for Veteran Councilman

For the Pine Barrens Tribune

PEMBERTON—If at first you don't succeed—try, try, and try again. That is what Pemberton Township Council members have done by introducing an ordinance on first reading at a March 22 special meeting that would authorize acquisition of the Browns Mills Shopping Center and adjacent vacant land in Pemberton, for redevelopment, at a cost not to exceed $920,000. The Notice of Taking ordinance, if approved on second reading by council, would pave the way for condemnation of the commercial property located on Block 775, Lot 19, owned by Rocco Berardi, and on Block 775, Lot 18, owned by Berardi's wife, Antonia Berardi. The Declaration of Taking Act is a Federal Law governing the taking of private property for use under eminent domain. If the township cannot negotiate a taking price, the formal notice will meet the legal requirement for condemnation of the property under eminent domain. This is not the first time the township has

sought to condemn the shopping center for the purpose of redevelopment. A previous attempt at condemnation landed public and private parties in court for years. In 2005, an appeals court ruled that under the New Jersey Eminent Domain Act, Pemberton Township, as condemnor, had to file a Declaration of Taking and make a required deposit of compensation with the court, offered to Rocco and Antonia Berardi as condemnee. If the township did not want to comply with the court order, it had to abandon the condemnation proceedings. After the opinion was issued, Pemberton filed a Notice of Abandonment of Proceedings to abandon the condemnation proceedings. In November 2005, a trial judge ordered the Berardis to return the $2,270,000 that Pemberton had deposited with the court. On Aug. 18, 2008, the Berardis filed a complaint against Pemberton, “seeking the recovery of fees, costs and damages resulting from the abandonment of the antecedent condemnation case.”

The Berardis charged that Pemberton’s use of eminent domain temporarily deprived them of their property rights, including the ability to rent out a vacant supermarket retail space, once occupied by Acme Markets, in the Browns Mills Shopping Center. The Browns Mills Shopping Center’s remaining tenants include a Dairy Queen, pawn shop, restaurant and barber shop. The Berardis contended that as a result of the actions taken by Pemberton, they lost rental income, business opportunity, and opportunity to expand. According to their appraisal report, “just compensation” for the thirty-four-month taking would be $1,161,000. The report further stated that the husband and wife realized $368,751 in rental income from the properties in 2002, $316,978 in 2003, $293,019 in 2004, and $319,654 in 2005. Pemberton filed a motion for partial summary judgment, seeking dismissal of the complaint for damages. In response, the Berardis filed a cross-motion.

In an Aug. 5, 2011 opinion, a state Superior Court judge ruled that Pemberton did not have to pay damages to the Berardis because the municipality had not filed a legally required Declaration of Taking for any of the subject properties owned by the Berardis. On Nov. 14, 2011, a state Superior Court judge dismissed the Berardis’ motion for compensation of damages; but awarded the couple attorney fees and disbursements. The state’s Appellate Division upheld the Aug. 5, 2011 ruling in a July 25, 2013 decision. That was then. This time around, Pemberton officials are offering less in compensation to the Berardis as the commercial properties they own continue to lose value. Pemberton Township Attorney Andrew Bayer, of GluckWalrath LLP, said at the March 22 special meeting of the Pemberton Township Council, that the current fair market value of the Browns Mills Shopping Center is now $929,000.

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