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Dimitry K., Esq.
Dimitry K., Esq., Attorney
Category: Legal
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Experience:  Multiple jurisdictions, specialize in business/contract disputes, estate creation and administration.
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montague twnship, sussex cty nj wants to abandon a road, which

Customer Question

montague twnship, sussex cty nj wants to abandon a road, which was accepted and paid for 15 years ago, this will cause me harm - in that in order to sell lots ajoining the road i will have to resubmit and repave road once again.
Submitted: 11 months ago.
Category: Legal
Expert:  Dimitry K., Esq. replied 11 months ago.
Thank you for your post. I am a licensed New Jersey professional. Please permit me to assist you with your concerns.

Just to be clear, this is a public road they wish to abandon? Do you have any other means of ingres or egres from the property? Is the township going to seek a vote to abandon this project?
Customer: replied 11 months ago.

public road - yes; no other means of ingres or egres.


 

Customer: replied 11 months ago.

there is a town mtg scheduled for next tuesday to vote on the ordinance. #2013-08 which was published on july 12, 2013


 

Expert:  Dimitry K., Esq. replied 11 months ago.

Myron,

That helps you tremendously. Under state public policy, the courts require or attempt to assist all property owners to ensure that they have a method by which they can easily enter or leave their land. The land cannot be landlocked because that may grant that owner a right to seek an easement by necessity, or ask the municipality to build or maintain a road. Based on this legal argument you can go to local court and seek an injunction to stop the decision from being implemented based abandonment, and request that the courts evaluate their obligation to ensure that a maintained access point is available for you and/or other neighbors along this road-way. This is a very strong argument based both property rights and public policy that the courts would have to legitimately evaluate before they can allow the municipality to consider abandonment. And you quite likely have a serious basis of prevailing and denying the municipality the ability to abandon this roadway.

Good luck.

Expert:  Dimitry K., Esq. replied 11 months ago.

Myron,

Thank you for your follow-up. In your other thread you asked:

do i have time to go to court?

An emergency injunction can block the vote from taking place until your case i fully heard and reviewed. That is why I suggested that you start with an emergency injunction first.

 

do i have to wait till vote?

No, you can go to court before the vote.

 

should i go to sussex cty court tomorrow or monday and do the injunction?

As quickly as possible.

 

will they accept my just showing up with a copy of the muni ordinance?

You would need to show a legitimate viable interest and a property right to this request. This is why you may want to retain counsel to file this injunction for you.

 

 

Hope that clarifies.

Expert:  Dimitry K., Esq. replied 11 months ago.

Myron,

In your other thread you asked:

or go on tues and ask them to wait till i engage a lawyer?
That may be too late, you may want to try to obtain an injunction before the vote is held.

Good luck.

Dimitry K., Esq., Attorney
Category: Legal
Satisfied Customers: 36753
Experience: Multiple jurisdictions, specialize in business/contract disputes, estate creation and administration.
Dimitry K., Esq. and 7 other Legal Specialists are ready to help you
Customer: replied 11 months ago.

i have no idea of what your talking about. mike

Expert:  Dimitry K., Esq. replied 11 months ago.
Mike,

I am sorry, what are you referring to?

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