Even in real life, good guys sometimes win the battle
Coda
GREG BEAN
I got the most wonderful note this week from Lori Ann Vendetti, one of the homeowners in Long Branch who has been fighting the good fight to keep her home from being taken by eminent domain to make way for high-priced condominiums.

Ever since the town fathers in Long Branch decided to make that community the national poster child for eminent domain abuse, Vendetti and the other homeowners in MTOTSA — who have residential property in the Marine Terrace, Ocean Terrace and Seaview Avenue neighborhood — have been battling the city's greedy land grab in the courts of law and the courts of public opinion.

There have been dark days during that long battle, when it seemed there was no way they could win their quixotic quest against the city's considerable power.

But there have also been good days, like the day the state's public advocate came out in support of their cause, and the day the national Institute for Justice announced it would represent them in their fight.

But the best day so far came Aug. 7, when a three-judge panel in the New Jersey Appellate Division unanimously reversed a bad lower-court decision by Superior Court Judge Lawrence Lawson, which allowed the city to condemn the homes in the MTOTSA neighborhood because of "blight."

If you've ever toured the MTOTSA neighborhood, you know that the city's argument that it is blighted and therefore eligible for taking by eminent domain is bogus. The homes in the neighborhood aren't new, but they aren't tenements either. They're lived-in, carefully maintained homes that just happen to sit on property the city would like to have condominiums built on, so it can increase its tax-ratables base.

The court of appeals agreed with that argument and said Long Branch had failed to provide sufficient evidence to bolster its claim that the neighborhood is blighted.

"The court basically told the city that if that's all it has, it can't take these homes," said Scott Bullock, a senior attorney with the Institute for Justice, which, along with Peter Wegener of Bathgate, Wegener & Wolf in Lakewood, represents many of the homeowners. "It's too late for the city to manufacture more evidence, so the court's ruling is a fatal blow to the city. We are confident the owners will prevail on remand."

Now the case will head back to Lawson's trial court, where the city will have to produce evidence to support its claim that the MTOTSA neighborhood is blighted. Lawson has been no friend to the homeowners' group so far, but the appeals court appears to have brought him back to earth, and anything less than a fair hearing or decision will likely be overturned on appeal.

The most recent decision was applauded by the Institute for Justice and New Jersey Public Advocate Ronald K. Chen, who said, "It is clear that the city cannot continue to claim that the MTOTSA neighborhood is essential to its redevelopment plans. Long Branch's beachfront redevelopment has proceeded unabated and quite successfully during the years this case made its way through the courts.

"Given the force with which the court repudiated the city's claims, as city officials decide whether to pursue this case further, I hope they consider the human toll this case has taken on the homeowners — their constituents — who waged this battle for so many years."

Certainly, the tenacity of the MTOTSA homeowners, the hard work of the Institute for Justice, and Chen himself contributed to this latest victory.

Vendetti also credited Greater Media Newspapers' Atlanticville, managing editor Christine Varno and former managing editor Gloria Stravelli for their contributions over the last five years.

"Without the Atlanticville I truly do not believe we would have had the public support and outcry that we have had over the years!" she wrote. "I know our fight is not over, but with [the Aug. 7] Appellate Court ruling we are sure closer to hopefully keeping our homes forever and living out our lives in peace."

She also credited me for writing so many columns about the eminent domain disaster.

"I recall reading a [column] in the July 13th edition where you were asked what you were most proud of regarding your journalism career," she wrote. "The story you wrote about touched my heart. I remember saying to myself while reading the story, that he also has helped us over the years. I am sure your articles have helped more people than you will ever know, but now I personally want you to know that they definitely helped us and we will be forever indebted to you and the Atlanticville."

As I told her in my response, I believe in the MTOTSA cause and will be with them to the end. The fact is that I, and our publications, have supported MTOTSA because their cause is just and it is a newspaper's responsibility to stand up against government oppression and greed.

There have been difficult times during this fight, when the managing editors and I discussed whether the cause of the homeowners was hopeless.

The Aug. 7 appeals court decision proves what Lord Aragorn said in the darkest moment in the "Two Towers" as an army of 10,000 Orcs and Uruk-hai marched on Helm's Deep in the second part of the "Lord of the Rings" trilogy.

"There is always hope!" he said.

And faith, I would add. And the belief that sometimes, the good guys really do win.

Gregory Bean is executive editor of

 

Greater Media Newspapers. You can

 

 

reach him at gbean@gmnews.com.