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DEPT. OF TRANS. v. BARTON INV.

741 A.2d 131 (1999)

326 N.J. Super. 282

NEW JERSEY DEPARTMENT OF TRANSPORTATION, Plaintiff, v. BARTON INVESTMENT ASSOCIATES, Defendant-Appellant/Cross-Respondent, and Township of South Brunswick, Defendant-Respondent/Cross-Appellant.

Superior Court of New Jersey, Appellate Division.

Decided December 7, 1999.

Attorney(s) appearing for the Case

Thomas D. Williamson, for appellant.

Busch & Busch, for defendant-respondent/cross-appellant South Brunswick (Donald J. Sears, Brunswick, of counsel and on the brief).

Before Judges PRESSLER, LANDAU and KIMMELMAN.

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

Defendant Barton Investment Associates (Barton) appeals from a Law Division order that denied its motion to withdraw $4,700 deposited in 1988 by plaintiff New Jersey Department of Transportation (DOT) as compensation after filing a Declaration of Taking for an easement over part of Barton's then-owned property located in the Township of South Brunswick (Township). The appeal also encompasses denial of Barton...

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