• "Underproductive Use" of Property Not Enough to Warrant Redevelopment
  • June 26, 2007 | Author: Henry L. Kent-Smith
  • Law Firms: Saul Ewing LLP - Princeton Office ; Saul Ewing LLP - Philadelphia Office
  • On June 13, 2007, the New Jersey Supreme Court issued its decision in Gallenthin Realty Development, Inc. v. Borough of Paulsboro (A-51-2006). The Supreme Court reversed the lower court decisions that upheld the Borough of Paulsboro's designation of the subject property as "in need of redevelopment" pursuant to N.J.S.A. 40:12A-5(e). In reaching its decision, the Supreme Court held that the term "blighted areas" was not applicable where the sole basis for redevelopment is that a property is "not fully productive."