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PINE BELT CHEVROLET, INC. v. JERSEY CENT. POWER AND LIGHT CO.

249 N.J. Super. 461 (1991)

592 A.2d 634

PINE BELT CHEVROLET, INC., A NEW JERSEY CORPORATION, NICHOLAS B. SPORTELLI, M.D. AND JEAN C. SPORTELLI, HIS WIFE, PLAINTIFFS-RESPONDENTS, v. JERSEY CENTRAL POWER AND LIGHT COMPANY, A NEW JERSEY PUBLIC UTILITY, DEFENDANT-APPELLANT, AND HAZEL F. GLUCK, COMMISSIONER OF THE DEPARTMENT OF TRANSPORTATION OF THE STATE OF NEW JERSEY, AND THE DEPARTMENT OF TRANSPORTATION OF THE STATE OF NEW JERSEY, DEFENDANTS-RESPONDENTS.

Superior Court of New Jersey, Appellate Division.

Decided July 11, 1991.

Attorney(s) appearing for the Case

James H. Laskey, of Counsel, argued the cause for appellant (Norris, McLaughlin & Marcus, P.A., attorneys; Donald D. Vanarelli on the brief and reply letter brief).

Dominic L. Aprile argued the cause for respondents Pine Belt Chevrolet, Inc. and Sportellis (Bathgate, Wegener, Wouters & Newmann, attorneys; Dominic L. Aprile on the letter brief).

Susan R. Roop, Deputy Attorney General, argued the cause for respondents Gluck; Department of Transportation and State of New Jersey (Michael R. Clancy, Assistant Attorney General, of Counsel; Louis A. Haszu, Deputy Attorney General and Susan R. Roop on the brief).

A brief was submitted by Stryker, Tams & Dill, attorneys for amicus curiae New Jersey Utilities Association, on behalf of Jersey Central Power and Light (Richard B. McGlynn, of Counsel; Frances Farber-Walter on the brief).

Before Judges PRESSLER, DEIGHAN and ARNOLD M. STEIN.

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

Defendant Jersey Central Power and Light Company (JCP & L) appeals from the grant of a summary judgment in favor of defendant New Jersey Department of Transportation (DOT) and plaintiffs Pine Belt Chevrolet, Inc. (Pine Belt) and Nicholas and Jean Sportelli. That judgment determined that JCP & L is responsible for utility pole relocation costs involved in the widening of Route 88, a state highway, as...

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