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STATE v. HOPE ROAD ASSOCIATES

266 N.J. Super. 633 (1993)

630 A.2d 387

STATE OF NEW JERSEY, BY THE COMMISSIONER OF TRANSPORTATION, PLAINTIFF-APPELLANT, v. HOPE ROAD ASSOCIATES, A PARTNERSHIP OF NEW JERSEY, DEFENDANT-RESPONDENT, AND BOROUGH OF EATONTOWN, IN THE COUNTY OF MONMOUTH, A MUNICIPAL CORPORATION, DEFENDANT.

Superior Court of New Jersey, Appellate Division.

Decided August 2, 1993.

Attorney(s) appearing for the Case

Kevin E. Rittenberry, Deputy Attorney General, argued the cause for appellant (Robert J. Del Tufo, Attorney General of New Jersey, attorney; Mary C. Jacobson, Deputy Attorney General, of counsel; Mr. Rittenberry on the brief).

Peter H. Wegener, argued the cause for respondent (Bathgate, Wegener, Dugan & Wolf, attorneys; Mr. Wegener, of counsel; Sarah G. Crowley on the brief).

Before Judges HAVEY, STERN and BROCHIN.

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

In this condemnation case, the State of New Jersey appeals from a $1,450,000 judgment entered on a jury verdict in favor of defendant-condemnee Hope Road Associates. The State argues that the trial court erred in: (1) admitting evidence concerning defendant's "illusory" 1987 site plan approval which was conditioned upon a permanent access defendant had relinquished to the State in 1983; (2) admitting "speculative...

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