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STATE, BY COMM'R OF TRANSPORTATION v. JAN-MAR INC.

210 N.J. Super. 236 (1985)

509 A.2d 310

STATE OF NEW JERSEY, BY COMMISSIONER OF TRANSPORTATION, PLAINTIFF, v. JAN-MAR INC., ET ALS, DEFENDANT.

Superior Court of New Jersey, Law Division Monmouth County.

Decided December 9, 1985.

Attorney(s) appearing for the Case

Peter A. Valenti, Deputy Atty. Gen., for State (Commissioner of Transportation). Bruce P. Fromer, for defendant Jan-Mar Inc. (Karasic, Stone & Susser, attorneys). S. David Brandt, for defendant Mobil Oil Corp. (Brandt, Haughey, Penberthy, Lewis, & Hyland, attorneys).

MILBERG, A.J.S.C.

This condemnation action presents a novel question of law to the court: To what extent, if any, may a tenant who holds an option to purchase the leased premises participate in condemnation proceedings involving the taking of the owner's property? The answer to this question will determine whether the tenant may appear before condemnation commissioners, with a right of appeal to the trial court, or is relegated to participation only in the allocation...

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