NJ Superior Court Upholds JCRA's Termination of Redevelopment Agreement
Redevelopment agencies, like the Jersey City Redevelopment Agency (JCRA), are the public stewards of responsible development and reinvestment in the communities they serve. That is particularly true when a redevelopment project involves environmentally contaminated property.
In this case, MSB’s Redevelopment and Environmental Practice Groups helped the JCRA enforce a redeveloper’s environmental investigation and remediation obligations under a redevelopment agreement. Ultimately, the redeveloper was unable to perform and the JCRA terminated the RDA.
For over three years, Eric Tomaszewski and Josh Raymond defended the JCRA against the redeveloper’s allegations of breach of contract, arbitrary and capricious action, and violations of the right of Due Process. Ultimately, Eric and Josh obtained a summary judgment dismissing the redeveloper’s litigation in its entirety.
This matter highlights the value that MSB provides in the redevelopment of contaminated property – from negotiating precise terms with redevelopers, carefully policing performance, and, when necessary, defending redevelopment decisions in litigation.