STATE v. S. NALBONE TRUCKING CO.


128 N.J. Super. 370 (1974)

320 A.2d 186

STATE OF NEW JERSEY, DEPARTMENT OF ENVIRONMENTAL PROTECTION, RESPONDENT, v. S. NALBONE TRUCKING COMPANY, INC., ET AL., DEFENDANTS-APPELLANTS.

Superior Court of New Jersey, Appellate Division.

Decided May 24, 1974.


Attorney(s) appearing for the Case

Mr. Jonathan M. Heilbrunn argued the cause for the appellants (Heilbrunn, Tabman, Josephs, Finkelstein, Heilbrunn & Garruto, attorneys).

Mr. Alan B. Rothstein, Deputy Attorney General, argued the cause for the respondent (Mr. William F. Hyland, Attorney General, attorney; Mr. Richard M. Conley, Deputy Attorney General, of counsel; Mr. Bertram P. Goltz, Jr., Deputy Attorney General, on the brief).

Before Judges LEONARD, ALLCORN and CRAHAY.


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

Defendant-owners appeal from a condemnation award, on a jury verdict.

The land condemned consisted of the whole of a single tract of land, containing approximately 339 acres. For some years prior to the taking it had been used principally as a farm; more recently, it had been utilized also, in part, for the excavation and sale of dirt fill; and, latterly, it had been used exclusively for the excavation...

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