KLEIN v. STATE, DEPT. OF TRANSP.


264 N.J. Super. 285 (1993)

624 A.2d 618

MARVIN KLEIN, PLAINTIFF-APPELLANT, v. STATE OF NEW JERSEY, DEPARTMENT OF TRANSPORTATION, ITS AGENTS, SERVANTS AND REPRESENTATIVES, INDIVIDUALLY, JOINTLY AND SEVERALLY, DEFENDANT-RESPONDENT.

Superior Court of New Jersey, Appellate Division.

Decided May 7, 1993.


Attorney(s) appearing for the Case

Dennis J. Drasco argued the cause for appellant (Lum, Hoens, Conant, Danzis & Kleinberg, attorneys; Mr. Drasco, of counsel and on the brief; Steven F. Ritardi, on the brief).

Alice S. Thiele, Deputy Attorney General, argued the cause for respondent (Robert J. Del Tufo, Attorney General of New Jersey, attorney; Mary C. Jacobson, Senior Deputy Attorney General, of counsel; Ms. Thiele, on the brief).

Before Judges PRESSLER, MUIR, Jr., and KESTIN.


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

This appeal is from a summary judgment dismissing plaintiff's inverse condemnation complaint. The appeal centers on plaintiff's claim of a right of access to a railroad line known as the Harbor Industrial Track (Harbor Track) and whether plaintiff demonstrates a constitutional taking occurred. We affirm.

The record facts are essentially undisputed. Plaintiff, either through a corporation or individually...

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