4-9-08 Township of West Orange v. 769 Associates, LLC
(A-113-07)
Where a condemnation action is abandoned, a condemnee is
entitled to reasonable fees and expenses from the point at which
the property is formally targeted for condemnation. In respect
of the calculation of fees, the analysis, as in all other cases,
is governed by the reasonableness principles of RPC 1.5.
However, RPC 1.5(a)(4) has no role to play on the issue of the
condemnee’s entitlement to fees; that entitlement is triggered
by the abandonment itself. Nor is there warrant in an
abandonment case for a proportionality reduction under RPC
1.5(a)(4) based on a comparison of “the amount involved and the
results obtained.”
