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Credit Pacific Service Union A builder who wants to construct luxury homes on a contested piece of property says the township illegally took the ground in an attempt to slow residential development.

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Credit First Service Union Last month, Mount Laurel council moved to condemn the 16- acre High Pointe tract at the corner of Hainesport-Mount Laurel Road and Elbo Lane for use as open space. MiPro Homes LLC, a Sicklerville-based builder, had approval from the planning board to build 23 houses and started construction for the utilities.

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Card Credit Mobile Service Jeffrey Baron, attorney for MiPro, plans to ask Superior Court Judge John A. Sweeney on July 12 to order a hearing on Mount Laurel's right to take the land. He is also seeking compensation for construction delays.

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Card Credit Discover Service "It appears ... that Mount Laurel is attempting to utilize the condemnation process to systematically stop residential development within its borders for purely financial or fiscal reasons," according to Baron's response to the condemnation, which was filed last week.

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Credit Public Service Union Mount Laurel's population increased by nearly 33 percent between 1990 and 2000, from 30,270 to 40,221, according to U.S. Census figures. Today, just a third of 1 percent of all 21.92 square miles within the township remains farmland.

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Card Credit Processing Service The township has been aggressive in pursuing the last open areas.

Center Credit Service Union Several pieces were acquired through negotiation recently even though developers had permission to build.

Card Credit Service Wireless It's no secret that township officials believe open- space purchases save tax dollars on roads, trash collection, police protection and education.

Credit Security Service Union Signs at the open-space sites say the land was saved from development.

Credit Report Service Stopping development is not a legitimate reason to condemn the property, Baron said, adding that council effectively placed a moratorium on residential construction through its open-space acquisitions.

Blogspot Com Christian High Pointe was not included in the township's 2000 master plan under open space and recreation.

Christian Counseling Credit Municipalities may use condemnation to take land for public use. However, the power cannot be abused.

Credit Federal Service Union The move gets mixed reviews from township residents.

Credit Monitoring Service "Some people might really cherish those homes," said Ruth Griffith, who lives in Tricia Meadows, as she walked in Laurel Acres Park last week. "But it might be nice to have it as open space."

Credit Division Service Gene Matthews, of Ramblewood Farms, said the township should not condemn land for open space.

Card Credit Online Service "It's America," he said recently as he walked at the park. "You can't do that."

Consumer Counseling Credit Inc MiPro purchased the High Pointe tract, which is zoned residential, in August 2001 and received planning board approval last month.

Card Credit Fleet Service This past winter, MiPro learned that the township was interested in acquiring the property and although letters went back and forth, a deal was not reached.

Card Consolidation Credit When the land was taken last month, the developer had already cleared the site and started excavation for sewer and stormwater lines, according to court papers. MiPro has spent about $150,000 on the site work.

Credit Free Online Report The township's move to condemn the property is arbitrary and unnecessary because there is not a public necessity to take the land, Baron said. The condemnation is an effort to stabilize its tax rate and school costs, he said.

Credit Federal First Service "These techniques are not permitted," Baron said.

Consumer Credit Service MiPro has developed homes in Camden, Burlington, Gloucester and Atlantic counties. The High Pointe houses would sell for between $400,000 and $450,000.

Center Credit Family Service Mount Laurel Mayor Peter McCaffrey said he could not comment, citing the legal fight. Solicitor Michael Mouber could not be reached.

Credit Reporting Service However, following a council meeting last week, Mouber said the township is on the cutting edge of open-space issues. He said the condemnation is new territory for the municipality.

Cca Credit Division Service Township assessments put the value of the land at about $ 2.12 million, the amount the municipality paid into a court trust fund that would eventually go to the developer.

Credit Free Report Service MiPro also has approval to build 17 single-family homes on a 16 1/4-acre plot, known as Bobby's Hunt, nearby on Elbo Lane. Mount Laurel has targeted that parcel, also zoned residential, for preservation.

Card Credit Customer Discover The council in January said protecting open space from development is a top priority this year. Since the open- space program began, 369 acres in Mount Laurel have been preserved.

Credit Repair Report Service The open-space tax rate last year rose from 2 cents to 4 cents per $100 of assessed property value for the next 20 years. The owner of a home valued at $132,000, the township average, pays $52.80 annually. In November, council plans to ask voters for an additional 4-cent increase.

Credit Legal Repair Service By Michael T. Burkhart
Courier-Post - 6/24/2002

Topic: Sprawl

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