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Judge Says Atlantic City's Future Too Uncertain To Allow State To Take Piano Tuner's Home

67-Year-Old Wins Victory In Court Over Family's Home

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Birnbaum on the roof of his house, via Philly.comA man’s home that “sits in the shadows of the now closed Revel Casino” is safe for now from being taken by the state through eminent domain to use as part of Atlantic City’s possible revitalization, according to court documents filed last month in Atlantic County Superior Court.

The state was seeking the OK to take the home of Charles Birnbaum, a 67-year-old piano tuner, according to CourtHouseNews.com, to use for a tourist district. However, Birnbaum fought the move, and a court found that Atlantic City’s future is too up in the air to allow for the taking of his private property.

It has been common for people to sell their property in Atlantic City to the state, but Birnbaum is an exception and the state has done everything in its power to try to take it.

“The court has held off making a decision to allow for some of the uncertainty surrounding Atlantic City to stabilize,” the judge wrote. “The court has thought long and hard about this issue. As part of the analysis, the court has taken judicial notice of the economic downturn in Atlantic City…and the various plans that have been advanced for the recovery. The court is greatly concerned that as a result of the uncertainty surrounding Atlantic City, if the condemnation is granted, the Birnbaum property could sit idle…waiting for years for the plan to come to fruition.”

If Atlantic City wasn’t in such a dire situation, then the move to take the property would be fine, the judge said. “Over the last two years, four casinos have closed, two of them in very close proximity to the south inlet area where the Birnbaum property is located. Also, about 8,000 people have lost their jobs and Atlantic City is having great difficulty maintaining financial stability. Many plans are being considered, with the goal of bringing Atlantic City back, however no one can predict with certainty what will happen next.”

The state now has 180 days to try to demonstrate that the plan for Birnbaum’s property would actually become a reality. If the state fails to do so, then the case will be dismissed.

Revel, the casino near Birnbaum’s property, itself has a very uncertain future, as the new owner is wrapped up in a legal battle with the energy company that supplied power to the $2.4 billion casino. Current owner Glenn Straub bought Revel for just $82 million.

Many believe the real shot in the arm for Atlantic City would be the licensing of Amaya Gaming Group, the parent company of PokerStars. It could bring the city closer to becoming an I-gaming hub. New Jersey’s online gaming industry is growing steadily, but peer-to-peer poker is down.

Late last month, the U.S. Third Circuit Court of Appeals in Philadelphia ruled against the Garden State in its years-long fight for sports books at Atlantic City casinos.