READINGTON — More than a year after a trial judge allowed the township to use eminent domain to seize the 625 acres of land surrounding Solberg-Hunterdon Airport, attorneys on Monday presented oral arguments to a panel of appeals judges who are now in charge of the case.

James Rhatican, who is representing the township, said attorneys appeared before a three-judge panel sitting in New Brunswick. Rhatican said written appellate decisions are released from four to six weeks after oral arguments, although it could take longer. The rulings are posted online at www.judiciary.state.nj.us.

Because attorneys are required to present to the appeals panel only the evidence that was submitted to the trial judge, no new arguments were made.

In January 2008, state Superior Court Judge Yolanda Ciccone, sitting in Somerville, gave township officials the legal authority to use eminent domain to seize the land around Solberg-Hunterdon Airport to preserve open space and dictate expansion plans. Oral arguments were presented in December 2007.

The decision — which is the subject of the general-aviation airport's appeal — denied claims by the Solbergs that township officials were using eminent domain to constrict expansion and modernization at the 102-acre facility to the point of economic collapse.

Solberg attorney Laurence Orloff also has said Readington officials, in an attempt to unduly interfere with airport regulations, filed its eminent domain suit to overpower the state and federal agencies that govern the facility, including the state Department of Transportation.

Township officials have maintained that their proposal will allow safety upgrades and limited expansion. Officials have said acceptable development could include the paved extension of a runway, increased hangar space, a restaurant, museum, offices, gift shop and passenger lounge, among other improvements.

Although Ciccone's ruling included the naming of three commissioners to determine the price officials must pay to seal the transfer of ownership, Rhatican said that is on hold as the appeal is being decided.

Readington has deposited with Superior Court a total of $21.7 million — the value as determined by a township-commissioned appraisal — for the land and the airport's development rights.

Brandon Lausch: 908-243-6606; blausch@MyCentralJersey.com

Date: April 27, 2009 Source: MyCentralJersey.com
URL: http://www.mycentraljersey.com/article/20090427/NEWS/904270352/0/SPORTS0104