--- In [email protected], "bluebishop82" <[EMAIL PROTECTED]> 
wrote:
> Werner asks:
> 
> "What's your legal opinion on this?"
> 
> It's about time I told you, friend.  The parties to a contract are 
> free to amend it once, twice or a million times if they bilaterally 
> agree to do so. They can throw the whole thing out and start over 
if 
> they bilaterally agree to do so.
> 

Not so in our case, the taxpayers are a party to the plan and the 
contract.

Standard contract law does not apply, this is a public body engaged 
in a redevelopment project. Municipal Land Use Law, and NJ 
Redevelopment Law are the governing statutes.

A redevelopment contract must follow and implement the adopted 
redevelopment plan. If a change is desired, the plan has to be 
amended first. That is done through a standard process of public 
hearings. Then the contract is amended.

It's done this way so that the interests of the third party, the 
taxpayers, are protected. In our case, a contact (the MOU) was 
negotiated absent any public scrutiny or input. The terms of which 
violated the existing plan in force.

Thanks for your opinion above.

Werner






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