Atlantic County NJ: Sheriff’s Leadership Scores Big For Taxpayers

Atlantic County, New Jersey government has scored a big victory for county taxpayers, as the New Jersey Superior Court has ruled in favor of Sheriff Joe O’Donoghue.

It is a consolidated case that challenged the constitutionality of the New Jersey state Community Wealth Preservation Program's right of second refusal for nonprofits.

Background Of The Case In Question

Atlantic County Executive Dennis Levinson photo.

Atlantic County Executive Dennis Levinson said he was …

We’re especially proud to protect taxpayers at a vulnerable time in their lives when facing the loss of their properties, said Levinson.

The Facts

The New Jersey Superior Court determined that if you were to deprive a dispossessed homeowner of their right for fair market value compensation … this constitutes a violation of provisions that are granted under the federal Constitution's Fifth Amendment.

“The original CWPP provided nonprofits with the right of second refusal to purchase foreclosed properties at the "upset price," or minimal acceptable bid, thus removing any rights of the property owner to surplus equity.,” said Levinson.

Atlantic County Sheriff Joe O’Donoghue

This ruling will result in nonprofits being required to bid competitively at Sheriff's Sales, according to Sheriff O'Donoghue. Losing a home is one of the most traumatic circumstances one may face. We should not add to that burden by eliminating a property owner's right to legitimate profits earned None of us knows when we may fall on hard times, said O’Donoghue.

O’Donoghue Thanked Atlantic County Legal Counsel For Their Competent Representation

We have learned that Sheriff O'Donoghue thanked the county Law Department for its support after bringing this issue to the attention … specifically, the matter was brought to County Counsel N. Lynne Hughes and Assistant County Counsel Arthur Murray. The Law Department moved to intervene under O’Donoghue’s name.

O’Donoghue has a fast amount of experience in real estate, so it comes as no surprise that he had the knowledge that there was a significant wrong here that needed to be righted.

Atlantic County Executive Dennis Levinson

“This is a win for homeowners throughout New Jersey. We live in the highest taxed state in the country, and the state would continue to take and take if allowed. We will not stand by and allow that to occur, concluded Levinson.