In a long-awaited ruling, a Superior Court Judge in Somerset County has held that Readington Township may proceed with condemnation of hundreds of acres of land at the Solberg Airport which the Township intends to preserve as open space.

According to an article in the October 17, 2008 Express Times, Solberg Aviation Co., a family-owned airport, fought the township, arguing the condemnation masked Readington’s desire to prevent the facility from expanding.

Readington moved to condemn 624 acres of the 726-acre airport property for use as open space and obtain the development rights to the remaining 102-acre airport.  The Court, relying upon the Appellate Division’s decision in Mt. Laurel Twp. v. Mipro Homes LLC, 379 N.J. Super. 358 (App. Div. 2005), aff’d, 188 N.J. 531 (2006), found that a municipality has clear statutory authority to condemn land for open space purposes and that the condemnation of land for open space is a “public use,” even though no “active use” is contemplated.   Id. at 373.

From the Express Times article: 

In court, Solberg Airport argued the land was being condemned not for reasons of open space but to prevent the airport from expanding and possibly allowing larger airplanes to fly in and out. The local airport is used by an average of 50 to 60 pilots a day, and it is host to an annual hot air balloon festival.

Arguments were heard in court in late 2006, but [the Hon. Yolanda] Ciccone gave Solberg until March to provide additional evidence.  She wrote Solberg had presented “little to nothing new since the Nov. 3, 2006, hearing” and the evidence did not “meet the strong and convincing burden” needed to stop the condemnation.  “Solberg bears a heavy burden to demonstrate that the township’s motives rise to the level of fraud or bad faith,” the ruling said.

For the purchase, the township raised $21.7 million through a bond ordinance approved by voters.

If you are interested in receiving a copy of Judge Ciccone’s January 16, 2008 letter opinion, e-mail us at pmorin@saul.com