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BOROUGH OF HARVEY CEDARS v. KARAN

No. A-4555-10T3.

40 A.3d 75 (2012)

425 N.J. Super. 155

BOROUGH OF HARVEY CEDARS, Plaintiff-Appellant, v. Harvey KARAN and Phyllis Karan, Tenants in Common, Defendants-Respondents.

Superior Court of New Jersey, Appellate Division.

Decided March 26, 2012.

Attorney(s) appearing for the Case

Lawrence H. Shapiro , Ocean, argued the cause for appellant (Ansell Grimm & Aaron, attorneys; Mr. Shapiro, on the brief).

Peter H. Wegener , Lakewood, argued the cause for respondents (Bathgate, Wegener & Wolf, attorneys; Mr. Wegener, of counsel and on the brief; Rui O. Santos , on the brief).

Before Judges PAYNE, REISNER and HAYDEN.

The opinion of the court was delivered by Reisner, J.A.D.

In this condemnation case, plaintiff Borough of Harvey Cedars appeals from trial court orders dated April 5, 2011, excluding certain evidence following a N.J.R.E. 104 hearing; April 11, 2011, entering a $375,000 judgment based on the jury's verdict on valuation; and May 13, 2011, denying plaintiff's motion for a new trial.1

The central question on this appeal is whether...

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