TOMS RIVER, N.J. - eTradeWire -- Rothstein, Mandell, Strohm, Halm & Cipriani (RMSHC) Partner Robin La Bue recently secured a significant victory before the Supreme Court of New Jersey in Borough of Seaside Park v. Shree Jyoti, LLC, a case that addressed an issue of first impression involving municipal eminent domain law. La Bue argued the case on behalf of the Borough of Seaside Park before the state's highest court. On August 10, 2026, the Supreme Court affirmed the Appellate Division's judgment in favor of the Borough, providing important guidance for municipalities throughout New Jersey.

At the center of the case was whether a municipality must identify the specific intended public use within an ordinance authorizing the acquisition of private property through eminent domain. The dispute arose from Seaside Park's efforts to acquire the Desert Palm Inn property. The property owner challenged the condemnation, arguing in part that the Borough's ordinance was deficient because it did not identify the specific intended use of the property. The Supreme Court ultimately agreed with the Borough's position, holding that neither New Jersey's Eminent Domain Act nor the Local Lands and Buildings Law requires the specific public purpose to be stated within the authorizing ordinance. The Court found that the governing statutes contain no such requirement and declined to impose one that the Legislature had not enacted.

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"I am extremely pleased with the outcome of this case and with the process that led to the Court's decision," said La Bue. "It was an honor to represent the Borough of Seaside Park before the New Jersey Supreme Court on an issue of such importance. This decision provides meaningful clarity for municipalities throughout New Jersey, and I am proud to have played a role in achieving that result."

While ruling in the Borough's favor, the Court also encouraged municipalities to identify an intended public use as early as practicable to promote transparency and allow affected property owners to meaningfully participate in the process. The decision is significant because it resolves a previously unanswered question under New Jersey law and provides greater clarity to municipalities and municipal attorneys navigating eminent domain proceedings. The ruling establishes guidance on what is legally required when local governments authorize the acquisition of property for a public purpose.

For La Bue, the Supreme Court victory reflects a legal practice deeply rooted in New Jersey municipal and land use law. As a Partner at RMSHC, she concentrates her practice in Local Government Law, Land Use and Zoning, Landlord Tenant Law and Real Estate. She is a member of the Ocean County Bar Association and the New Jersey Institute of Local Government Attorneys and is a contributing writer for the Local Government Law Review. Her successful representation of the Borough before the New Jersey Supreme Court further demonstrates RMSHC's experience representing municipalities and public entities in complex legal matters with implications extending beyond an individual community.

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The case is Borough of Seaside Park v. Shree Jyoti, LLC, Supreme Court of New Jersey, A-2-25 (089599).

About RMSHC Attorneys at Law

Rothstein, Mandell, Strohm, Halm & Cipriani is a Toms River, New Jersey-based law firm serving individuals, businesses, municipalities and public entities throughout New Jersey. The firm provides legal counsel across a range of practice areas, including local government law, land use and zoning, real estate and litigation. To learn more, visit rmshc.law.