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STATE v. JAN-MAR, INC.

236 N.J. Super. 28 (1989)

563 A.2d 1153

STATE OF NEW JERSEY, BY THE COMMISSIONER OF TRANSPORTATION, PLAINTIFF, v. JAN-MAR, INC., A NEW JERSEY CORPORATION, DEFENDANT-APPELLANT-CROSS-RESPONDENT, AND MOBIL OIL CORPORATION, A CORPORATION OF NEW YORK, DEFENDANT-RESPONDENT-CROSS-APPELLANT, AND NEW JERSEY NATIONAL BANK, A CORPORATION OF THE UNITED STATES OF AMERICA, STATE OF NEW JERSEY, PHILIP PESANO, CITY OF LONG BRANCH, IN THE COUNTY OF MONMOUTH, A MUNICIPAL CORPORATION OF NEW JERSEY, DEFENDANTS.

Superior Court of New Jersey, Appellate Division.

Decided August 23, 1989.

Attorney(s) appearing for the Case

Bruce P. Fromer argued the cause for appellant-cross-respondent (Nelson & Fromer attorneys; Bruce P. Fromer, on the brief).

Patrick F. McAndrew argued the cause for respondent, cross-appellant (Brandt, Haughey, Penberthy, Lewis & Hyland attorneys; Patrick F. McAndrew, on the brief).

No briefs were filed on behalf of State of New Jersey, New Jersey National Bank, Philip Pesano and City of Long Branch.

Before Judges KING, ASHBEY and SKILLMAN.

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

This is an appeal concerning compensable interests in a condemnation case. Respecting the issue which we regard as justiciable, the allocation right of a lessee whose lease contains an option to purchase the land, we affirm substantially for the reasons expressed by Judge Milberg in his opinion reported at 210 N.J.Super. 236<...

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