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STATE BY COM'R OF TRANSP. v. TOWN OF MORRISTOWN

246 N.J. Super. 156 (1991)

586 A.2d 1342

STATE OF NEW JERSEY, BY THE COMMISSIONER OF TRANSPORTATION, PLAINTIFF-APPELLANT, v. TOWN OF MORRISTOWN, IN THE COUNTY OF MORRIS, A MUNICIPAL CORPORATION OF NEW JERSEY, DEFENDANT-RESPONDENT, AND D.M. AIRPORT DEVELOPERS, INC., A CORPORATION OF NEW JERSEY; THE LINPRO COMPANY, A CORPORATION OF TEXAS; AMERICAN TELEPHONE AND TELEGRAPH COMPANY, A CORPORATION OF NEW YORK; TOWNSHIP OF HANOVER, IN THE COUNTY OF MORRIS, A MUNICIPAL CORPORATION OF NEW JERSEY, DEFENDANTS.

Superior Court of New Jersey, Appellate Division.

Decided February 20, 1991.

Attorney(s) appearing for the Case

Lorinda Lasus, Deputy Attorney General, argued the cause for appellant (Robert J. Del Tufo, Attorney General, attorney, Michael R. Clancy, Assistant Attorney General, of counsel, Lorinda Lasus, on the brief).

John H. Buonocore, Jr., argued the cause for respondent (McKirdy and Riskin, attorneys, Brian M. Hak, on the brief).

Before Judges ANTELL, SCALERA and KEEFE.

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

The issue on this appeal concerns the extent of discovery available to a condemnee at various stages of an eminent domain proceeding. While we touched upon this issue partially in State by Com'r of Transp. v. Carroll, 234 N.J.Super. 37, 559 A.2d 1381 (App.Div. 1989), certif. granted 118 N.J. 197

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