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STATE EX REL. COM'R OF TRANSP. v. TRAP ROCK IND.

751 A.2d 633 (2000)

331 N.J. Super. 258

The STATE of New Jersey, by the COMMISSIONER OF TRANSPORTATION, Plaintiff, v. TRAP ROCK INDUSTRIES, INC., a corporation of New Jersey; Ruberoid Co., a defunct corporation of New Jersey; State of New Jersey; Township of Hamilton, in the County of Mercer, a municipal corporation of New Jersey, Defendants.

Superior Court of New Jersey, Law Division, Mercer County.

Decided February 3, 2000.

Attorney(s) appearing for the Case

Drew K. Kapur, Deputy Attorney General, for plaintiff the State of New Jersey, Commissioner of Transportation (John J. Farmer, Jr., Attorney General of the State of New Jersey).

Stacey D. Roth, Princeton, for defendant Trap Rock Industries, Inc. (Drinker, Biddle & Shanley, LLC, attorneys; Vincent E. Gentile of counsel).

FEINBERG, A.J.S.C.

The issue presented to the court is whether the Commissioner of Transportation is vested with the statutory authority to condemn private property for purposes of environmental mitigation. On May 7, 1999 plaintiff, the State of New Jersey, by the Commissioner of Transportation, filed a verified complaint against defendants, Trap Rock Industries, Inc., Ruberoid Co. (a defunct New Jersey Corporation) and the...

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