Orloff Lowenbach Stifelman & Siegel P.A.

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OLSS Obtains Summary Judgment In Prerogative Writs Suit Invalidating Ordinance Passed By Township Of Readington

Orloff, Lowenbach, Stifelman & Siegel, P.A. partner Laurence B. Orloff and senior associate Matthew Aslanian recently obtained summary judgment in the Superior Court, Hunterdon County, for Solberg Aviation Company in a prerogative writs lawsuit challenging a local ordinance passed by the Township of Readington.  The prerogative writs lawsuit was an extension of a prior condemnation litigation in which OLSS obtained a judgment, after trial, disallowing Readington’s condemnation of Solberg’s airport property. 

The prerogative writs litigation challenged an ordinance, passed by Readington under the guise of New Jersey’s Air Safety Zoning Act of 1983, on the basis that it was an extension of the condemnation, with the goal being prevention of any future expansion of the Solberg Airport.  Messrs. Orloff and Aslanian obtained summary judgment on several grounds, pointing out that the ordinance was passed for the same improper purpose as the condemnation and because the ordinance was preempted as contrary to established state policy.

OLSS associate Xiao Sun joined Messrs. Orloff and Aslanian in obtaining summary judgment.

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