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Home » Tenant Not Entitled to Individual Notice of Government Ruling

Tenant Not Entitled to Individual Notice of Government Ruling

May 1, 2009

Facts: A tenant operated a business in a building that the local government was planning to designate as blighted—that is, obsolete with a marginal economic use. Before the final decision was made, the local government sent out hearing notices to the owner of the building in the event that it wanted to attend the meeting and contest the blight designation.

The tenant sued, alleging that because it did not receive personal notice of the local government's hearing on the blight designation, it was unfairly deprived of the opportunity, and its right, to object to the designation.

Decision: A New Jersey appeals court ruled against the tenant.

Reasoning: When the legislature adopted the law that provided local governments with the right to designate certain areas and structures as blighted, it did not intend to require the designating body to give personal notice to tenants.

  • Iron Mountain Information Management, Inc. v. City of Newark and Municipal Council of the City of Newark, March 2009
Owner Wins
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