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STATE, BY COMM'R OF TRANSPORTATION v. MALIBU BEACH, INC.

209 N.J. Super. 291 (1986)

507 A.2d 316

STATE OF NEW JERSEY, BY THE COMMISSIONER OF TRANSPORTATION, PLAINTIFF, v. MALIBU BEACH, INC., A CORPORATION OF NEW JERSEY; SEAVIEW MARINA ASSOCIATES, A PARTNERSHIP OF PENNSYLVANIA; CONTINENTAL BANK, A CORPORATION OF PENNSYLVANIA; STATE OF NEW JERSEY; THE R.C. MAXWELL COMPANY, A CORPORATION OF NEW JERSEY; TOWNSHIP OF EGG HARBOR, IN THE COUNTY OF ATLANTIC, A MUNICIPAL CORPORATION OF NEW JERSEY, DEFENDANTS.

Superior Court of New Jersey, Law Division Atlantic County.

Decided February 21, 1986.

Attorney(s) appearing for the Case

Peter A. Valenti for plaintiff (Irwin I. Kimmelman, Attorney General of New Jersey, attorney).

John J. Markwardt for defendants Malibu Beach, Inc. and Seaview Marina Associates (Horn, Kaplan, Goldberg, Gorny & Daniels, attorneys).

WILLIAMS, A.J.S.C.

This condemnation action comes before the court on an order to show cause wherein plaintiff seeks a judgment appointing commissioners and determining that it has duly exercised its power of eminent domain with respect to certain property of defendant abutting State Highway No. 152 in Egg Harbor Township. Defendants Malibu and Seaview oppose the application. No other defendant appeared in opposition thereto.

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