FIX NU ML1670 V1.01.00.04.rar
On February 3, 1999, the Property Department of ECIA sent a letter to RAR, to its president, to Mr. Rubin and to its attorney. The letter advised that the condemnation of RAR's property was set aside because of abandonment by the plaintiff. The letter also advised RAR's counsel that ECIA was preparing a new offer to purchase the property, which was attached as Exhibit A to the letter. The letter also advised RAR's counsel that although ECIA had abandoned the condemnation, the City could not issue a permit for the construction of the Sportsplex until such time as RAR's property was released. The letter also advised that any structural testing or excavation on the property would void the release of RAR's property.
FIX NU ML1670 V1.01.00.04.rar
The court further finds that this action is ripe for adjudication and that there are no other adequate remedies available to RAR for its injuries. RAR has sought declaratory relief from the proposed condemnation of RAR's property and has obtained monetary relief from the federal government by providing for the return of that property.
Plaintiff did not respond to RAR's request for a release of its property. Therefore, RAR filed an in rem action in the Pontotoc County Circuit Court seeking a declaratory judgment that the City of Tuscaloosa was not the proper party in interest and that ECIA could not take action to condemn RAR's property. The City of Tuscaloosa filed a Notice of Removal to Federal District Court. Plaintiff RAR filed a Motion to Remand the case to State Court. The District Court remanded the case to the state court.
RAR's victory is significant as RAR seeks to establish a home for critically endangered animals, restore and bring back to its habitat the unique natural system that has been an ecological treasure for New Jersey. This victory recognizes the accomplishments of RAR and its environmental causes and resolves a long-time dispute among the parties to this action.