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STATE v. BAYVIEW ASSOCIATES

296 N.J. Super. 140 (1996)

STATE OF NEW JERSEY, BY THE COMMISSIONER OF TRANSPORTATION, PLAINTIFF-RESPONDENT, v. BAYVIEW ASSOCIATES, A PARTNERSHIP OF NEW JERSEY, DEFENDANT-APPELLANT, AND NATIONAL WESTMINSTER BANK, N.J., A NATIONAL BANKING ASSOCIATION, PORT JERSEY DISTRIBUTION SERVICES, A CORPORATION OF NEW JERSEY, CITY OF BAYONNE, IN THE COUNTY OF HUDSON, A MUNICIPAL CORPORATION OF NEW JERSEY, DEFENDANTS.

Superior Court of New Jersey, Appellate Division.

Decided December 26, 1996.

Attorney(s) appearing for the Case

John J. Curley argued the cause for appellant (Curley & Sciarra, attorneys; Mr. Curley, of counsel; Jacqueline Middleton, on the brief).

Maureen Hinchliffe Bonney, Deputy Attorney General, argued the cause for respondent (Peter Verniero, Attorney General, attorney; Mary C. Jacobson, Assistant Attorney General, of counsel; Ms. Bonney, on the brief).

Before Judges PETRELLA, LANDAU and KIMMELMAN.

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

Defendant Bayview Associates (Bayview) appeals from a summary judgment entered in the Law Division which permitted plaintiff to file an amended complaint. The trial court ruled that plaintiff had properly exercised its right of eminent domain in connection with the widening of Route 169 in Bayonne, however the appointment of condemnation commissioners was withheld pending the resolution of this appeal.

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