The New Jersey Superior Court (Atlantic County) ruled on November 17, 2014 that the Casino Reinvestment Development Authority is empowered to condemn property for the purpose of promoting tourism. In reaching this conclusion, the Court expressly found the promotion of tourism to be a valid public purpose under both the State and federal Constitutions. Partner Stuart Lederman led the Riker Danzig team in pursuing the case for the CRDA, which sought to acquire private property in the South Inlet area of Atlantic City in furtherance of the ‘South Inlet Mixed Use Development Project’ – a phased project that will host several tourism related uses including restaurants, boutiques and hotels. In an article in the Philadelphia Inquirer, Stuart commented that the ruling upholds the Authority’s right to take property to pursue its tourism and development goals. “The court found that the promotion of New Jersey tourism is a legitimate public purpose,” he explained. “The CRDA looks forward to continuing with its obligation to revitalize Atlantic City.” Superior Court Julio Mendez found that the State’s Tourism District Act “speaks loud and clear . . . and that justifies the actions of the CRDA in taking the . . . property.”
The decision was widely covered, including on nj.com, and in the Press of Atlantic City.
