City of Trenton, Plaintiff-Respondent v. Isadore Lenzner and Freda Lenzner, Defendants-Appellants, and First…

Summary

The Supreme Court of New Jersey affirmed the Appellate Division's grant of summary judgment in favor of the City of Trenton, holding that the ordinance authorizing condemnation of the Lenzners' property for public parking was a valid exercise of eminent domain and that no genuine issue of material fact existed to require a trial. The Court further held that compensation is limited to the fair market value of the land, not the loss of the owners' parking business. A dissent by Chief Justice Vanderbilt argued that the city's intent did not demonstrate a genuine public purpose and urged a plenary trial. The decision leaves the determination of compensation to the appointed condemnation commissioners.