On May 10, 2011, the United States Court of Appeals denied an application by the Township of Mt. Holly requesting a modification of lifting of a stay pending appeal which had been imposed imposed by the Court back in March of this year.  (Check our prior blog post on the stay by clicking here).

The Court of Appeals also declared that the appeal would be expedited, and ordered briefing to be completed by June 3, 2011.

Olga Pomar of South Jersey Legal Services was happy with the decision and interprets the ruling to mean that the prior stay applies to all residents of Mt Holly Gardens as indicated in a news account here.  South Jersey Legal Services is representing several residents of the Gardens and filed this lawsuit seeking to prevent the municipalities exercise of eminent domain by arguing that such violates the residents constitutional and fair housing rights.

We will continue to monitor the case and look forward to a decision by the Third Circuit.  For additional facts on the back-story, check out our blog postings here and here.