STATE BY COM'R OF TRANSP. v. HESS REALTY


115 N.J. 229 (1989)

557 A.2d 1372

STATE OF NEW JERSEY, BY THE COMMISSIONER OF TRANSPORTATION, PLAINTIFF-RESPONDENT, v. HESS REALTY CORPORATION, A CORPORATION OF DELAWARE, DEFENDANT-RESPONDENT, AND STATE OF NEW JERSEY AND THE BOROUGH OF RIVERDALE, IN THE COUNTY OF MORRIS, A MUNICIPAL CORPORATION OF NEW JERSEY, DEFENDANTS. GREG'S HESS STATION, INC., A NEW JERSEY CORPORATION, DEFENDANT AND THIRD-PARTY PLAINTIFF-APPELLANT, v. AMERADA HESS CORPORATION, A DELAWARE CORPORATION, THIRD-PARTY DEFENDANT-RESPONDENT.

The Supreme Court of New Jersey.

Decided May 25, 1989.


Attorney(s) appearing for the Case

Jeffrey P. Clemente argued the cause for appellant (Clemente, Strenk & Kiernan, attorneys; Jeffrey P. Clemente and Roger W. Orlando, of counsel and on the brief).

John J. Reilly, Deputy Attorney General, argued the cause for respondent State of New Jersey, etc. (Peter N. Perretti, Jr., Attorney General of New Jersey, attorney; James J. Ciancia, former Assistant Attorney General, of counsel).

Marvin J. Brauth argued the cause for respondents Hess Realty Corporation and Amerada Hess Corporation (Wilentz, Goldman & Spitzer, attorneys; Marvin J. Brauth and Kenneth M. Denti, on the brief).


PER CURIAM.

The judgment is affirmed, substantially for the reasons set forth in the majority opinion of the Appellate Division, 226 N.J.Super. 256 (1988). The issue on the appeal, as circumscribed by the dissent below, is whether the condemnation award included any compensation to the franchisor "based upon any loss of the business opportunity or goodwill" within the meaning of the Federal Petroleum Marketing Practices Act...

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