Borough's police power upheld.

The then chief of police for the Borough of Palmyra restricted access to the plaintiff’s property in the borough, which was used on the weekends for a flea market. The defendant alleged the closure was required in order to safely remove unexploded ordinance and high explosives from the property, which had been left on the property when it was used as a U.S. Army testing facility. Judge Irenas in the United States District Court of New Jersey granted summary judgment, finding that the actions of the then chief of police in closing the flea market were not arbitrary and capricious, did not violate the plaintiff's due process rights under both the U.S. Constitution and the New Jersey Constitution, and were a proper use of police powers, thus dismissing the plaintiff's allegation that the closure was an improper taking pursuant to the Fifth Amendment.

Case Law Alert - 2nd Qtr 2012