Representative image of borough in Long branch. (Image Credits: Wikimedia)
The MTOTSA neighbourhood was designated by Long Branch as part of a required redevelopment in 1996. A city survey that year found only three of 38 residences, or 7.8%, in poor condition. In their argument, the organization pointed to a 1995 plan which recommended the preservation of MTOTSA and to a statement from Mayor Adam Schneider in 2001 which deemed that the neighborhood to be in good condition. The developer was required to begin the work immediately and complete demolition of those homes by April 2, 2010.
In a victory announcement in November 2009, Vendetti said, “At long last, we can get our homes, lives and neighborhood back.” as reported by the Institute of Justice. However, representatives of several homeowners; the Institute for Justice argued that the neighborhood didn’t meet the conditions associated with blight. The agreement gave homeowners access to tax abatements allowing them to reinvest in their properties, while part of their attorneys’ fees was paid for by the city. In addition, it also required Long Branch to repave and repair all streets in the neighborhood, along with long-neglected streetlights. The settlement addressed developer-owned properties as well, some had been abandoned and boarded up. The court retained jurisdiction over the agreement to ensure that its terms were carried out. For Lori Vendetti and other residents, the settlement concluded the immediate threat of losing their homes through the condemnation cases.
Supreme Court’s 2005 decision in Kelo v. In Long Branch, however, the 2008 appellate ruling focused specifically on the evidence supporting the city’s redevelopment and blight findings. The 2009 agreement then ended the condemnation actions and established protections for the MTOTSA homeowners.
The Long Branch case unfolded at the backdrop of a wider legal debate concerning eminent domain after the U.S. City of New London . The case concerned the government’s extent to use eminent domain for private development based on expected economic benefits.