Preview
MID-L-002925-24 05/16/2024 3:15:18 PM Pg 1 of 7 Trans ID: LCV20241249124
MCMANIMON SCOTLAND & BAUMANN, LLC
Kevin P. McManimon – ID No. 023351996
Jessica CM Almeida – ID No. 058132013
75 Livingston Avenue
Roseland, New Jersey 07068
(973)622-1800
Attorneys for Plaintiff, Borough of Carteret
SUPERIOR COURT OF NEW JERSEY
BOROUGH OF CARTERET, MIDDLESEX COUNTY – LAW DIVISION
Plaintiff(s), DOCKET NO. MID-L-
vs.
CIVIL ACTION
CARTERET HOLDINGS URBAN
RENEWAL LLC & FANNIE MAE, ORDER TO SHOW CAUSE
Defendant(s).
THIS MATTER having been opened to the Court by McManimon, Scotland
& Baumann, LLC, attorneys for Borough of Carteret (“Plaintiff”), seeking relief
by way of summary action pursuant to Rule 4:67-1(a) and the Court having
determined that this matter may be commenced by Order to Show Cause as
a summary proceeding pursuant to Rule 4:73-1 et seq. and N.J.S.A. 20:3-5,
N.J.S.A. 20:3-7, N.J.S.A. 20:3-8 and N.J.S.A. 20:3-12 and for good cause shown:
It is on this ______ day of May, 2024
ORDERED that the Defendants, appear and show cause on the
________day of ____________________, 2024 before the Superior Court at 56
Paterson Street, New Brunswick, New Jersey at 9:00 o’clock in the forenoon,
or as soon thereafter as counsel can be heard, why judgment should not be
entered:
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A. Declaring that Plaintiff Borough of Carteret is authorized to and
has duly exercised its power of eminent domain as to the property
and lesser rights described in the Verified Complaint and exhibits
thereto, for public use by the Borough of Carteret;
B. Appointing three disinterested commissioners, in accordance with
N.J.S.A. 20:3-12(b), to examine the land and premises, including
the remaining lands, if any, as set forth in the Verified Complaint
of Plaintiff, Borough of Carteret, and to determine the amount of
just compensation to be paid by reason of the acquisition of the
property and/or lesser interests as described in the above
referenced Verified Complaint and exhibits thereto, including
damages to the remaining property, if any, resulting from said
acquisition, as of the appropriate date, this Court shall fix in the
final judgment appointing commissioners in accordance and
compliance with N.J.S.A. 20:3-30;
C. Declaring that the reservations made in Paragraphs 7 and 8 to the
Complaint of Plaintiff, Borough of Carteret, pertaining to the issues
regarding contamination, hazardous materials or solid waste,
existing as of or prior to the date of vesting of title and possession
pursuant to N.J.S.A. 20:3-19, on the subject property are preserved
in accord with the proposed form of Order for Judgment and
Appointing Commissioners submitted herewith.
And it is further ORDERED that:
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1. A copy of this Order to Show Cause and Verified Complaint be served
upon the defendants personally within ten days of the date hereof, in
accordance with Rule 4:4-5 and Rule 4:73-3, this being original process. As to
those defendants that cannot be served personally within this State, then
service may be made, in accordance with Rule 4:73-3 and Rule 4:4-5, by
publishing a notice of said Complaint, and of this Order once in a newspaper
published in the County of Middlesex at least ten (10) days before the return
date of this Order and by mailing a copy of said Complaint and said Order, by
certified or overnight mail return receipt requested to any such defendants
whose addresses are known by the Plaintiff, Borough of Carteret, at least ten
(10) days before the return date of this order as set forth above.
2. Plaintiff must file with this Court its proof of service of the pleadings
on the defendants no later than three (3) days before the return date.
3. Defendants shall file and serve a written answer within 35 days where
they have cause under law to contest the right of Plaintiff, Borough of Carteret,
to acquire the subject property or lesser rights as set forth in the exhibits to
the Verified Complaint, free and clear of all liens or interests therein or
otherwise contests any aspect of this proceeding other than the amount of just
compensation to be determined by the commissioners to be appointed by this
Court. If an answer or a motion as the case may be, is to be filed, it must be
filed with the Clerk of the Superior Court in the county listed above and a copy
of the papers must be sent directly to the chambers of the Honorable
_____________________________. In addition, any party may, but is not required,
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to file a “non-contesting answer” or written appearance with the Civil Law
Division, Superior Court, Middlesex County in order to enter an appearance in
this matter and to file same as set forth above.
4. All responsive pleadings must be filed at least three (3) days before
the return date. The reply papers must be filed with the Clerk of the Superior
Court in the county listed above and a copy of the reply papers must be sent
directly to the chambers of the Honorable __________________________________.
5. If none of the defendants file and serve opposition to this Order to
Show Cause as required above, the application will be decided on the papers
on the return date, set forth above, and relief may be granted by default,
provided that Plaintiff files a proof of service and a proposed form of order at
least three days prior to the return date. In default thereof, this action may
proceed ex parte and an Order in accord with the form of Order presented by
Plaintiff may be entered which shall constitute a final judgment appointing
commissioners who will in turn determine the amount of just compensation to
be awarded for the acquisition of the property or lesser rights by Plaintiff.
6. If Plaintiff has not already done so, a proposed form of order
addressing the relief sought on the return date (along with a self-addressed
return envelope with return address and postage) must be submitted to the
court no later than three (3) days before the return date.
7. Defendants take notice that Plaintiff has filed a lawsuit in the Superior
Court of New Jersey, Law Division, for the purpose of acquiring, under the
power of eminent domain, the subject property, a portion thereof, or lesser
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rights from the owner of record of the property, as more fully described in the
exhibits attached to the Verified Complaint. Other defendants, have also been
included as well, that may have a right, title, or interest in such property so as
to insure that Plaintiff may acquire the afore described property or rights
therein, free and clear of all liens and interest as provided under N.J.S.A. 20:3-
19 et seq. If you dispute the right of Plaintiff, Borough of Carteret, to acquire
the property or lesser rights, as set forth in the exhibits to the Verified
Complaint, under the power of eminent domain (condemnation) or dispute the
scope or description of said property, including that of the remainder or the
date of value that the property or lesser rights are to be valued, you, or your
attorney, must file a written answer or a notice of motion returnable on the
return date of the Order to Show Cause along with proof of service in accord
with paragraph three (3). These documents must be filed with the Clerk of the
Superior Court in Middlesex County. A directory of these offices is available in
the Civil Division Management Office of Middlesex County and online at
https://www.njcourts.gov/public/directories/court-services/clerks-legal-offices.
Include the appropriate filing fee, if any, payable to the “Treasurer, State
of New Jersey.” You must also send a copy of your Answer, Answering
Affidavit, or Motion to Plaintiff’s attorney whose name and address appear
above, or to the Plaintiff, if no attorney is named above. A telephone call will
not protect your rights; you must file and serve your Answer, Answering
Affidavit or Motion with the appropriate filing fee, if any, or judgment may be
entered against you by default.
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However, a contested Answer should only be filed where a defendant
intends to object to entry of the Order for Final Judgment and Appointing
Commissioners and not where a defendant only objects to the amount of just
compensation to be determined, since a hearing shall be held before the
Commissioners appointed by this Court with respect to all valuation issues, in
the manner provided by said Order, the Rules of Court and the Eminent
Domain Act of 1971, N.J.S.A. 20:3-1 et seq. All defendants will be given further
written notice by legal counsel for Plaintiff as to the time and place of such
future hearing at least ten days before the scheduled date of such hearing,
after conferring with the appointed commissioners, unless this Court otherwise
orders. But where a defendant does not attend such a future hearing or appear
before the Commissioners appointed by this Court, that party shall be
precluded from appealing from the Award of Commissioners or appearing at a
trial de novo before the Superior Court. Furthermore, a defendant need not
file an answer or appear at the Commissioners’ hearing in order to apply for
the withdrawal of funds on deposit or the allocation of the proceeds of an
award or judgment pursuant to Rule 4:73-9.
8. If you cannot afford an attorney, you may call the Legal Services office
in the county in which you live or the Legal Services of New Jersey Statewide
Hotline at 1-888-LSNJ-LAW (1-888-576-5529). If you do not have an attorney
and are not eligible for free legal assistance you may obtain a referral to an
attorney by calling one or the Lawyer Referral Services. A directory with
contact information for local Legal Services Offices and Lawyer Referral
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services is available in the Civil Division Management Office of Middlesex
County and online at https://www.njcourts.gov/public/directories/court-
services/clerks-legal-offices.
9. The Court will entertain argument where a Notice of Motion or Answer
is filed in accord with the above stated requirements, but the Court will not
hear live testimony, on the return date of the Order to Show Cause.
___________________________________
HONORABLE
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Preview
MID-L-002925-24 05/16/2024 3:15:18 PM Pg 1 of 7 Trans ID: LCV20241249124 MCMANIMON SCOTLAND & BAUMANN, LLC Kevin P. McManimon – ID No. 023351996 Jessica CM Almeida – ID No. 058132013 75 Livingston Avenue Roseland, New Jersey 07068 (973)622-1800 Attorneys for Plaintiff, Borough of Carteret SUPERIOR COURT OF NEW JERSEY BOROUGH OF CARTERET, MIDDLESEX COUNTY – LAW DIVISION Plaintiff(s), DOCKET NO. MID-L- vs. CIVIL ACTION CARTERET HOLDINGS URBAN RENEWAL LLC & FANNIE MAE, ORDER TO SHOW CAUSE Defendant(s). THIS MATTER having been opened to the Court by McManimon, Scotland & Baumann, LLC, attorneys for Borough of Carteret (“Plaintiff”), seeking relief by way of summary action pursuant to Rule 4:67-1(a) and the Court having determined that this matter may be commenced by Order to Show Cause as a summary proceeding pursuant to Rule 4:73-1 et seq. and N.J.S.A. 20:3-5, N.J.S.A. 20:3-7, N.J.S.A. 20:3-8 and N.J.S.A. 20:3-12 and for good cause shown: It is on this ______ day of May, 2024 ORDERED that the Defendants, appear and show cause on the ________day of ____________________, 2024 before the Superior Court at 56 Paterson Street, New Brunswick, New Jersey at 9:00 o’clock in the forenoon, or as soon thereafter as counsel can be heard, why judgment should not be entered: 1 MID-L-002925-24 05/16/2024 3:15:18 PM Pg 2 of 7 Trans ID: LCV20241249124 A. Declaring that Plaintiff Borough of Carteret is authorized to and has duly exercised its power of eminent domain as to the property and lesser rights described in the Verified Complaint and exhibits thereto, for public use by the Borough of Carteret; B. Appointing three disinterested commissioners, in accordance with N.J.S.A. 20:3-12(b), to examine the land and premises, including the remaining lands, if any, as set forth in the Verified Complaint of Plaintiff, Borough of Carteret, and to determine the amount of just compensation to be paid by reason of the acquisition of the property and/or lesser interests as described in the above referenced Verified Complaint and exhibits thereto, including damages to the remaining property, if any, resulting from said acquisition, as of the appropriate date, this Court shall fix in the final judgment appointing commissioners in accordance and compliance with N.J.S.A. 20:3-30; C. Declaring that the reservations made in Paragraphs 7 and 8 to the Complaint of Plaintiff, Borough of Carteret, pertaining to the issues regarding contamination, hazardous materials or solid waste, existing as of or prior to the date of vesting of title and possession pursuant to N.J.S.A. 20:3-19, on the subject property are preserved in accord with the proposed form of Order for Judgment and Appointing Commissioners submitted herewith. And it is further ORDERED that: 2 4896-0069-8549, v. 1 MID-L-002925-24 05/16/2024 3:15:18 PM Pg 3 of 7 Trans ID: LCV20241249124 1. A copy of this Order to Show Cause and Verified Complaint be served upon the defendants personally within ten days of the date hereof, in accordance with Rule 4:4-5 and Rule 4:73-3, this being original process. As to those defendants that cannot be served personally within this State, then service may be made, in accordance with Rule 4:73-3 and Rule 4:4-5, by publishing a notice of said Complaint, and of this Order once in a newspaper published in the County of Middlesex at least ten (10) days before the return date of this Order and by mailing a copy of said Complaint and said Order, by certified or overnight mail return receipt requested to any such defendants whose addresses are known by the Plaintiff, Borough of Carteret, at least ten (10) days before the return date of this order as set forth above. 2. Plaintiff must file with this Court its proof of service of the pleadings on the defendants no later than three (3) days before the return date. 3. Defendants shall file and serve a written answer within 35 days where they have cause under law to contest the right of Plaintiff, Borough of Carteret, to acquire the subject property or lesser rights as set forth in the exhibits to the Verified Complaint, free and clear of all liens or interests therein or otherwise contests any aspect of this proceeding other than the amount of just compensation to be determined by the commissioners to be appointed by this Court. If an answer or a motion as the case may be, is to be filed, it must be filed with the Clerk of the Superior Court in the county listed above and a copy of the papers must be sent directly to the chambers of the Honorable _____________________________. In addition, any party may, but is not required, 3 4896-0069-8549, v. 1 MID-L-002925-24 05/16/2024 3:15:18 PM Pg 4 of 7 Trans ID: LCV20241249124 to file a “non-contesting answer” or written appearance with the Civil Law Division, Superior Court, Middlesex County in order to enter an appearance in this matter and to file same as set forth above. 4. All responsive pleadings must be filed at least three (3) days before the return date. The reply papers must be filed with the Clerk of the Superior Court in the county listed above and a copy of the reply papers must be sent directly to the chambers of the Honorable __________________________________. 5. If none of the defendants file and serve opposition to this Order to Show Cause as required above, the application will be decided on the papers on the return date, set forth above, and relief may be granted by default, provided that Plaintiff files a proof of service and a proposed form of order at least three days prior to the return date. In default thereof, this action may proceed ex parte and an Order in accord with the form of Order presented by Plaintiff may be entered which shall constitute a final judgment appointing commissioners who will in turn determine the amount of just compensation to be awarded for the acquisition of the property or lesser rights by Plaintiff. 6. If Plaintiff has not already done so, a proposed form of order addressing the relief sought on the return date (along with a self-addressed return envelope with return address and postage) must be submitted to the court no later than three (3) days before the return date. 7. Defendants take notice that Plaintiff has filed a lawsuit in the Superior Court of New Jersey, Law Division, for the purpose of acquiring, under the power of eminent domain, the subject property, a portion thereof, or lesser 4 4896-0069-8549, v. 1 MID-L-002925-24 05/16/2024 3:15:18 PM Pg 5 of 7 Trans ID: LCV20241249124 rights from the owner of record of the property, as more fully described in the exhibits attached to the Verified Complaint. Other defendants, have also been included as well, that may have a right, title, or interest in such property so as to insure that Plaintiff may acquire the afore described property or rights therein, free and clear of all liens and interest as provided under N.J.S.A. 20:3- 19 et seq. If you dispute the right of Plaintiff, Borough of Carteret, to acquire the property or lesser rights, as set forth in the exhibits to the Verified Complaint, under the power of eminent domain (condemnation) or dispute the scope or description of said property, including that of the remainder or the date of value that the property or lesser rights are to be valued, you, or your attorney, must file a written answer or a notice of motion returnable on the return date of the Order to Show Cause along with proof of service in accord with paragraph three (3). These documents must be filed with the Clerk of the Superior Court in Middlesex County. A directory of these offices is available in the Civil Division Management Office of Middlesex County and online at https://www.njcourts.gov/public/directories/court-services/clerks-legal-offices. Include the appropriate filing fee, if any, payable to the “Treasurer, State of New Jersey.” You must also send a copy of your Answer, Answering Affidavit, or Motion to Plaintiff’s attorney whose name and address appear above, or to the Plaintiff, if no attorney is named above. A telephone call will not protect your rights; you must file and serve your Answer, Answering Affidavit or Motion with the appropriate filing fee, if any, or judgment may be entered against you by default. 5 4896-0069-8549, v. 1 MID-L-002925-24 05/16/2024 3:15:18 PM Pg 6 of 7 Trans ID: LCV20241249124 However, a contested Answer should only be filed where a defendant intends to object to entry of the Order for Final Judgment and Appointing Commissioners and not where a defendant only objects to the amount of just compensation to be determined, since a hearing shall be held before the Commissioners appointed by this Court with respect to all valuation issues, in the manner provided by said Order, the Rules of Court and the Eminent Domain Act of 1971, N.J.S.A. 20:3-1 et seq. All defendants will be given further written notice by legal counsel for Plaintiff as to the time and place of such future hearing at least ten days before the scheduled date of such hearing, after conferring with the appointed commissioners, unless this Court otherwise orders. But where a defendant does not attend such a future hearing or appear before the Commissioners appointed by this Court, that party shall be precluded from appealing from the Award of Commissioners or appearing at a trial de novo before the Superior Court. Furthermore, a defendant need not file an answer or appear at the Commissioners’ hearing in order to apply for the withdrawal of funds on deposit or the allocation of the proceeds of an award or judgment pursuant to Rule 4:73-9. 8. If you cannot afford an attorney, you may call the Legal Services office in the county in which you live or the Legal Services of New Jersey Statewide Hotline at 1-888-LSNJ-LAW (1-888-576-5529). If you do not have an attorney and are not eligible for free legal assistance you may obtain a referral to an attorney by calling one or the Lawyer Referral Services. A directory with contact information for local Legal Services Offices and Lawyer Referral 6 4896-0069-8549, v. 1 MID-L-002925-24 05/16/2024 3:15:18 PM Pg 7 of 7 Trans ID: LCV20241249124 services is available in the Civil Division Management Office of Middlesex County and online at https://www.njcourts.gov/public/directories/court- services/clerks-legal-offices. 9. The Court will entertain argument where a Notice of Motion or Answer is filed in accord with the above stated requirements, but the Court will not hear live testimony, on the return date of the Order to Show Cause. ___________________________________ HONORABLE 7 4896-0069-8549, v. 1