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STATE HIGHWAY COMMISSIONER v. KENDALL

107 N.J. Super. 248 (1969)

258 A.2d 33

STATE OF NEW JERSEY, BY THE STATE HIGHWAY COMMISSIONER, PLAINTIFF-RESPONDENT, v. HERBERT J. KENDALL, ELAINE B. KENDALL, MARCREST HOMES, A CORPORATION OF NEW JERSEY, TOWNSHIP OF MARLBORO, IN THE COUNTY OF MONMOUTH, A MUNICIPAL CORPORATION OF NEW JERSEY, DEFENDANT-APPELLANT.

Superior Court of New Jersey, Appellate Division.

Decided September 29, 1969.

Attorney(s) appearing for the Case

Mr. Benjamin Weiner argued the cause for appellant (Messrs. Weiner & Schoifet, attorneys).

Mr. Philip S. Carchman, Deputy Attorney General, argued the cause for respondent (Mr. Arthur J. Sills, Attorney General of New Jersey, attorney).

Before Judges KILKENNY, LABRECQUE and LEONARD.

PER CURIAM.

This land condemnation case was tried before a jury and resulted in a verdict awarding the property owner, Marcrest Homes, $1075 for a small sliver of land taken for highway purposes (.058 of an acre) and slope rights, and further awarding $2750 for the State's alleged interference with the property owner's access rights to its remaining acreage.

The State moved for judgment n.o.v. as to the $2750 portion of the verdict; and Marcrest Homes...

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