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FAR-GOLD CONSTR. CO. v. BOROUGH OF CHATHAM

141 N.J. Super. 164 (1976)

357 A.2d 765

FAR-GOLD CONSTRUCTION CO., A NEW JERSEY CORPORATION, PLAINTIFF-APPELLANT, v. THE BOROUGH OF CHATHAM, A MUNICIPAL CORPORATION IN THE STATE OF NEW JERSEY, AND THE MAYOR AND COUNCIL OF THE BOROUGH OF CHATHAM, DEFENDANTS-RESPONDENTS, AND BOARD OF ADJUSTMENT OF THE BOROUGH OF CHATHAM, AND THE PLANNING BOARD OF THE BOROUGH OF CHATHAM, DEFENDANTS.

Superior Court of New Jersey, Appellate Division.

Decided May 3, 1976.

Attorney(s) appearing for the Case

Mr. Edward J. Buzak argued the cause for appellant (Messrs. Villoresi and Flanagan, attorneys).

Mr. Joel A. Murphy argued the cause for respondents (Messrs. Mills, Doyle, Hock & Murphy, attorneys; Mr. John B. Dangler, on the brief).

Before Judges KOLOVSKY, BISCHOFF and BOTTER.

PER CURIAM.

At the conclusion of trial without a jury the judge found that plaintiff was not entitled to "constructive condemnation damages" from defendant borough and entered judgment for defendant. Plaintiff appeals. We find no substance to the appeal and affirm.

By a contract dated March 26, 1971 plaintiff agreed to purchase from sellers (hereinafter referred to as Warren) a 16-acre tract of land in the Borough of Chatham, designated as lots 9, 9A and 9B...

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