STATE BY COM'R OF TRANSP. v. CAOILI


262 N.J. Super. 591 (1993)

621 A.2d 546

STATE OF NEW JERSEY, BY THE COMMISSIONER OF TRANSPORTATION, PLAINTIFF-APPELLANT, v. FREDERICO R. CAOILI, AND ESTRELLA L. CAOILI, DEFENDANTS-RESPONDENTS, AND HUDSON CITY SAVINGS BANK, A BANKING INSTITUTION OF NEW JERSEY; NEW JERSEY NATIONAL BANK, A BANKING INSTITUTION OF THE UNITED STATES OF AMERICA; JAMES SAVIDGE; TOWNSHIP OF DOVER, IN THE COUNTY OF OCEAN, A MUNICIPAL CORPORATION OF NEW JERSEY, DEFENDANTS.

Superior Court of New Jersey, Appellate Division.

Decided March 16, 1993.


Attorney(s) appearing for the Case

Lorinda Lasus, Deputy Attorney General, argued the cause for appellant (Robert J. Del Tufo, Attorney General, attorney; Joseph L. Yannotti, Assistant Attorney General, of counsel; Lorinda Lasus, on the brief).

Peter H. Wegener argued the cause for respondents (Bathgate, Wegener, Dugan, Neumann & Wolf, attorneys; Peter H. Wegener, on the brief).

Before KING, BRODY and LANDAU, JJ.


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

Appealing from a judgment based on a jury's condemnation award, the State raises essentially a single argument — albeit in several contexts. It contends that a trier of fact in a condemnation case may not consider that the property's value is enhanced by the prospect of a zoning change, through ordinance amendment or variance, that would permit a more profitable use, unless the evidence demonstrates that...

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