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STATE v. SUN OIL COMPANY

160 N.J. Super. 513 (1978)

390 A.2d 661

STATE OF NEW JERSEY, BY THE COMMISSIONER OF TRANSPORTATION, PLAINTIFF, v. SUN OIL COMPANY, A CORPORATION OF NEW JERSEY, ET AL., DEFENDANTS.

Superior Court of New Jersey, Law Division.

Decided June 8, 1978.

Attorney(s) appearing for the Case

Mr. Philip F. Mattia, Deputy Attorney General, attorney for plaintiff (Mr. William F. Hyland, Attorney General of New Jersey).

Mr. Robert S. Tobin, attorney for defendant Sun Oil Company.

DWYER, J.S.C.

The State of New Jersey by the Commissioner of Transportation (State), appealed from the award of the Condemnation Commissioners in the amount of $52,700 for the taking of a portion of a gasoline service station owned by Sun Oil Company (Sun) together with a construction easement, on the ground that the award was excessive. Sun cross-appealed on the ground that the State's acquisition required awarding direct damages for property taken, severance damages...

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