COUNTY OF MIDDLESEX v. CLEARWATER VILLAGE, INC.


163 N.J. Super. 166 (1978)

394 A.2d 390

COUNTY OF MIDDLESEX, PLAINTIFF-APPELLANT, v. CLEARWATER VILLAGE, INC., DEFENDANT-RESPONDENT AND CROSS-APPELLANT.

Superior Court of New Jersey, Appellate Division.

Decided October 19, 1978.


Attorney(s) appearing for the Case

Mr. James B. Smith, Special Land Acquisition Attorney, argued the cause for plaintiff-appellant (Mr. Herman B. Hoffman, Middlesex County Counsel, attorney).

Mr. Stewart M. Hutt argued the cause for defendant-respondent and cross-appellant (Messrs. Hutt, Berkow, Hollander & Jankowski, attorneys; Mr. Joseph J. Jankowski, on the brief).

Before Judges LORA and LARNER.


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

This is a condemnation action instituted by the County of Middlesex which was heard by the court without a jury. It involves the taking of a parcel of undeveloped land consisting of 21.266 acres which is a part of a total tract of 85 acres purchased by Clearwater Village, Inc. (Clearwater) from the Borough of Spotswood in September 1973. After a plenary trial the court entered judgment for $250,000 based upon...

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