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STATE BY COM'R OF TRANSP. v. CARROLL

234 N.J. Super. 37 (1989)

559 A.2d 1381

STATE OF NEW JERSEY, BY THE COMMISSIONER OF TRANSPORTATION, PLAINTIFF-APPELLANT, v. PHILIP R.T. CARROLL AND MRS. PHILIP R.T. CARROLL, DEFENDANTS-RESPONDENTS, AND TOWNSHIP OF MOUNT LAUREL, IN THE COUNTY OF BURLINGTON, A MUNICIPAL CORPORATION OF NEW JERSEY, DEFENDANTS.

Superior Court of New Jersey, Appellate Division.

Decided June 12, 1989.

Attorney(s) appearing for the Case

Bernard M. Flynn, Deputy Attorney General, argued the cause for appellant (Peter N. Perretti, Jr., Attorney General, attorney; James J. Ciancia, Assistant Attorney General, of counsel; Bernard M. Flynn, on the brief).

Philip R.T. Carroll, respondent, argued the cause pro se.

Before Judges PETRELLA, SHEBELL and LANDAU.

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

Plaintiff, State of New Jersey, by the Commissioner of Transportation, appeals from the August 17, 1988 order of the Law Division which dismissed its complaint for condemnation of a portion of lands owned by defendants Mr. and Mrs. Philip R.T. Carroll (hereinafter referred to in the singular, Carroll) along Route 38 in Mount Holly. The trial court held that the...

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