Eminent Domain - Courier - 5 of 6 - Her plea: 'We don't want to move'

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Courier News Online - Sunday, May 7, 2006

Her plea: 'We don't want to move'

By CHAD HEMENWAY
Staff Writer

SOUTH BOUND BROOK -- Borough officials say they have done everything to avoid pulling the rug out from under Fanaro Carpet.

But the Fanaros say that is exactly what is happening.

The Fanaros' latest attempt to keep South Bound Brook from acquiring their land via eminent domain failed last week when a state Superior Court judge in the Appellate Division ruled not to grant the Fanaros emergent relief from condemnation under eminent domain, according to South Bound Brook Borough Attorney William Cooper III.

It was the Fanaros' second appeal before the Appellate Division after two similar attempts with the Somerset County Superior Court -- both of which were denied by Judge Graham T. Ross.

At any moment, without more appeals by the Fanaros' lawyers, county sheriff's officers can post a notice on the Fanaro property -- giving them 10 days to vacate.

"We don't want to move," said Erna Fanaro, who has owned Fanaro Carpet on Main Street for about 25 years -- most recently with her son John after her husband, Oreste, died. The Fanaros live in South Bound Brook.

The municipality wants the land as part of a project being built by Matzel & Mumford of Hazlet that is redeveloping the former GAF Corporation site. The Fanaros are standing in the way of a new 29,500-square-foot retail building with 18 one-bedroom apartments on the second floor.

"They can build around us," Fanaro said. "How would someone feel if they were being forced to go when they don't want to? It's not so easy to go. We've worked hard. They are taking everything away."

Colin Driver, South Bound Brook's redevelopment coordinator, said the borough followed every step in taking the Fanaros' property.

Driver said South Bound Brook looked for alternative sites for Fanaro Carpet within three miles of the borough, provided information on empty lots within the borough, offered to help with moving costs and offered payment of just compensation.

"I can't emphasize it enough -- we tried to talk to them," Driver said. "We tried not to be antagonistic. The courts have made their decisions and to continue to resist is a little futile. I think a generous offer was made."

Two lawyers and a real-estate appraiser were appointed commissioners by the county Superior Court after the Fanaros and South Bound Brook could not reach an agreement on compensation. The commissioners examined and performed an independent assessment on the property -- a building with three storefronts, an empty lot and a two-family house built in 1848 on about one-third of an acre.

Early April the commissioners submitted an appraisal of $927,000 -- above a previous offer of $849,000 from South Bound Brook.

The Fanaros still refused to settle though their tenant, Joe's Meat Market, was relocated across the street in an old firehouse -- with financial assistance from the borough. Fanaro said she is losing money because of the loss.

"The Fanaros embody what America is all about," said Joseph Dorta, a lawyer who represents the Fanaro trust. "They came from Italy, established a family and a business in South Bound Brook and stuck with the borough. Despite their loyalty, they find themselves in this situation."

Vincent Mangini and Timothy Dugan, lawyers for the properties, argued that their clients were not afforded due process during the proceedings although this week a judge found differently. Going to the Supreme Court is possible, they said.

"The borough has failed to show that it was necessary to take the Fanaros' property," said Dugan. "The Fanaros never wanted to challenge redevelopment. But they would like to stay."

According to Cooper, South Bound Brook didn't have intentions of acquiring the Fanaros' property initially, but the Fanaros were eligible to be taken by eminent domain when South Bound Brook included them in the Redevelopment Zone adopted in 1998.

A previous developer looked to put retail components of the project closer to Canal Street, on the opposite side of the development. County engineers were not in favor of that plan, Cooper said. The relationship between the borough and that developer was severed.

South Bound Brook then hired builders Matzel & Mumford, who chose the Fanaro properties at Main and Washington streets.

Driver said developers have to re-acquire tenants for the new building lost during the delays as the borough and the Fanaros could not negotiate. Cooper said the residents of South Bound Brook are losing thousands in tax revenue and new stores in town because the development is being stalled.

"A significant amount of tax dollars is being lost the more we wait," Cooper said. "There are times when eminent domain is necessary for the good of the whole community -- who were begging to have the GAF site redeveloped."

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