08-19-09 TOWNSHIP OF READINGTON, ET AL. V. SOLBERG AVIATION
CO., ET AL.
A-3083-07T3/A-1537-08T3 (consolidated)
This appeal challenging a condemnation judgment granting,
among other things, title and possession of a portion of
defendant Solberg Aviation Co.'s ("defendant" or "Solberg")
property to plaintiff Township of Readington ("plaintiff" or
"the Township"), raises two critical issues of law. The first
is the preemptive effect of state aviation statutes,
specifically the Air Safety and Zoning Act (ASZA), N.J.S.A. 6:1-
80 to 84, -88, and the State Aviation Act, N.J.S.A. 6:1-20 to -
44, and regulations on land use authority. The second is the
application of the principles enunciated in Mount Laurel Twp. v.
MiPro Homes, L.L.C., 379 N.J. Super. 358 (App. Div. 2005),
aff'd, 188 N.J. 531 (2006), cert. denied, ___ U.S. ___, 128 S.
Ct. 46, 169 L. Ed. 2d 242 (2007). Defendant claims that the
taking was pretextual in an attempt to limit the use of airport
property. As to this claim, we conclude that defendant
presented a sufficient factual basis to overcome a motion for
summary judgment; we further conclude that state statutes
preempt certain aspects of local land use, constraining a
municipality's exercise of its condemnation authority, Garden
State Farms, Inc. v. Bay, 77 N.J. 439, 449 (1978). In a
consolidated appeal, we further conclude that under the Eminent
Domain Act of 1971 (EDA), N.J.S.A. 20:3-1 to -50, title passed
to the Township upon the filing of the Declaration of Taking,
and the Township improperly assessed taxes against defendant.
Chase Smith assistant editor
