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Attorneys in Solberg case get more time

Judge gives attorneys on both sides until August to gather additional evidence.

By BRANDON LAUSCH
Staff Writer

Attorneys involved in Readington’s eminent domain case against Solberg-Hunterdon Airport will have through August to gather additional evidence to bolster their arguments, according to an agreement reached Monday.

State Superior Court Judge Yolanda Ciccone, sitting in Somerville, conferenced privately with attorneys from both sides Monday morning, as well as with the case’s court-appointed discovery master, Bridgewater-based attorney Richard Norris.

Ciccone said all sides agreed to extend discovery -- a pretrial process where attorneys compile evidence such as sworn statements -- until Aug. 31.

"Things are running smoothly, the lawyers are very cooperative with each other, and they're representing their clients very well," Ciccone said. "The issues are serious, and the attorneys are serious with going forward."

The discovery extension is not the case’s first.

After hearing arguments last November, Ciccone said an initial four-month discovery period was "needed to allow the court to make an accurate determination regarding the legality of the proposed taking." Ciccone then allowed discovery to continue through June, before granting another two-month extension Monday.

"Readington asserts that its purpose for this taking is an effort to preserve open space as well as other natural resources laid out in plaintiff's brief," Ciccone said in her seven-page opinion, issued last November. "As such, this, if taken at face value, would certainly entitle Readington to proceed with this taking without further analysis."

But Ciccone said other "pressing considerations" in the case need to be explored, including "whether Readington's true motivation is the preservation of open space or if there is an ulterior motive for the proposed taking."

Following a successful $22 million bond referendum last May, township officials offered the Solberg family $21.7 million for the rights to the 102-acre airport and the 625 acres of land surrounding the facility.

When the three sibling co-owners did not accept, Readington filed an eminent domain suit against the general-aviation airport, claiming the legal action was necessary to preserve open space. Solberg attorneys have argued Readington officials want to destroy the airport economically.

Ciccone said both sides are scheduled to appear in court the morning of Sept. 10 -- nearly a year after attorneys first presented oral arguments -- to set up a schedule for hearings or dispositive motions.

Norris said the lawyers involved in the case "have been very cooperative and very diligent."

"They have taken a lot of depositions, fact witness, they have exchanged reports of experts and now they will be in the process of taking depositions of those experts," he said.

Township special counsel James Rhatican, as well as Solberg attorney Laurence Orloff, did not return calls seeking comment.

Although the contentious case has pitted township supporters against eminent domain critics for months, Norris said the heightened tension has not seeped into the discovery process.

"Believe me, any extensions have not resulted from any recalcitrance on the part of any parties or their lawyers," he said. "They have been very diligent."

Brandon Lausch can be reached at (908) 707-3175 or blausch@c-n.com.

Date: May 15, 2007 Source: C-N.com — Courier News Online
URL: http://www.c-n.com/apps/pbcs.dll/article?AID=/20070515/NEWS/705150304