STATE v. INHABITANTS OF PHILLIPSBURG


240 N.J. Super. 529 (1990)

573 A.2d 953

STATE OF NEW JERSEY, BY THE COMMISSIONER OF TRANSPORTATION, PLAINTIFF-APPELLANT, v. THE INHABITANTS OF THE TOWN OF PHILLIPSBURG, DEFENDANT-RESPONDENT.

Superior Court of New Jersey, Appellate Division.

Decided April 26, 1990.


Attorney(s) appearing for the Case

Alice S. Thiele argued the cause for appellant (Peter N. Perretti, Jr., Attorney General, attorney; Michael R. Clancy, Deputy Attorney General, of Counsel; Alice S. Thiele on the brief).

Thomas S. Ferguson argued the cause for respondent (Thomas S. Ferguson, attorney; John C. Musarra on the brief).

Before Judges DEIGHAN, R.S. COHEN and BROCHIN.


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

Plaintiff State of New Jersey by the Commissioner of Transportation (State) appeals from a judgment entered on June 21, 1988, in the amount of $186,450.88, in a condemnation action involving lands of defendant, the Inhabitants of the Town of Phillipsburg (defendant or Phillipsburg). The condemnation proceeding was commenced under the provisions of the Eminent Domain Act of 1971, N.J.S.A. 20:3-1 et...

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