Middletown Intends To Use Eminent Domain To Buy Circus Liquors Lot

MIDDLETOWN, NJ — Middletown Township now has the power to use eminent domain to condemn the Circus Liquors ("Calico the Evil Clown") property on Rt. 35.

At their most recent meeting, held Feb. 20, the Township Committee unanimously voted to give Middletown the ability to condemn the Circus Liquors property, and use eminent domain to seize it.

Middletown has not taken any steps yet, but it intends to do exactly that, said Mayor Tony Perry on Monday, March 4.

The Township will declare the property condemned; then have it appraised and will pay the Azzolina family for it. Middletown attorney Brian Nelson told Patch last summer the Township will pay "fair market value" for the land.

It remains to be seen how the Azzolina family will respond.

This is the 51-acre property owned by the Azzolina family, under their development company Mountain Hill. Other than the liquor store, the 51-acre lot is mostly woods. Previously, the Azzolinas had an agreement to sell the land to a developer (AAMHMT Property, LLC), who would build nearly 1,000 housing units on the site.

But Middletown argues that is in violation of this redevelopment plan Middletown and the Azzolinas agreed upon in 2017. Middletown says only the back half is zoned residential and Toll Brothers is already building there. (Middletown Walk, 400 residential units, 80 of which will be affordable housing.)

Middletown says the front half of the property, the big (mostly empty) parking lot facing Rt. 35, can be used only for commercial or public use, such as soccer fields.

"Look, I would love it if it was all woods," said Perry Monday.

That's why last summer AAMHMT sued Middletown Township. That lawsuit remains ongoing in the courts.

In the past, the Azzolinas have always declined to speak to Patch about their battle with the Township over the site.

This was supposed to be Shoppes at Middletown (Village 35/Wegman's) until developer backed out

This is the same property that was supposed to be The Shoppes at Middletown, which would have had a Wegman's, a movie theater and a 24-Hour Fitness, plus shops with pedestrian walkways. That was planned by a totally different developer that used to be under contract with the Azzolinas, National Realty & Development Corp.

However, in the summer of 2020 (the middle of the pandemic) National Realty & Development Corp. pulled out and entirely killed The Shoppes at Middletown. They said they were not able to secure financing and that the COVID pandemic killed the deal.

Middletown Sued By Developer Over Circus Liquors/Rt. 35 Property (August 2023)