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Merchants Ask Judge to Block North Bergen, N.J.'s Condemnation for Home Depot.

The Record (Hackensack, NJ)

| April 22, 2004 | COPYRIGHT 2004 The Record. This material is published under license from the publisher through the Gale Group, Farmington Hills, Michigan.  All inquiries regarding rights should be directed to the Gale Group. (Hide copyright information)Copyright

Byline: Peter J. Sampson

Apr. 22--A handful of businesses are hoping to persuade a Hudson County judge Friday to quash North Bergen's bid to condemn the last 10.6 acres of a redevelopment tract in a move that would replace their stores with a Home Depot.

The tenants of the Kmart Shopping Plaza on Tonnelle Avenue contend the site is no longer in need of redevelopment because the adjacent properties have been developed with a Lowe's home improvement center and a soon-to-open Target department store.

They say no public interest is served by replacing their stores with another home improvement outlet.

"It no longer meets the definition of an area in need of redevelopment," said Thom Ammirato, a spokesman for Tonnelle Liquors and a check-cashing firm on 75th Street.

The other businesses that are asking state Superior Court Judge Arthur N. D'Italia to dismiss the condemnation action are the Kmart and Marshall's department stores, Wendy's restaurant, and Dunkin' Donuts.

The two "most blighted" properties on the 60-acre tract, the former Evan Picone and Crown Cork & Seal factories, have been redeveloped, but instead of a multi-use mall that would include space for the existing tenants, as originally proposed, the remaining businesses would be forced to relocate if the township exercises its power of eminent domain, Ammirato said.

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