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TOSCO CORP. v. DEPT. OF TRANSP.

766 A.2d 831 (2001)

337 N.J. Super. 199

TOSCO CORPORATION, Plaintiff-Appellant, v. NEW JERSEY DEPARTMENT OF TRANSPORTATION and Market-Fair, Defendants-Respondents.

Superior Court of New Jersey, Appellate Division.

Decided February 20, 2001.

Attorney(s) appearing for the Case

Richard L. Rudin, Parsippany, argued the cause for appellant (Weiner Lesniak, attorneys; Mr. Rudin, of counsel and on the brief).

Lorinda Lasus, Deputy Attorney General, argued the cause for respondent New Jersey Department of Transportation (John J. Farmer, Jr., Attorney General, attorney; Mary C. Jacobson, Assistant Attorney General, of counsel; Ms. Lasus, on the brief).

Mark A. Solomon, Princeton, argued the cause for respondent MarketFair (Pepper Hamilton, attorneys; Mr. Solomon relies on the brief of respondent New Jersey Department of Transportation.).

Before Judges KING, COBURN and LANDAU.

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

This is an appeal from a determination of the New Jersey Department of Transportation ("DOT") concerning the design and alignment of a state highway. Mobil Oil Corporation ("Mobil") the original appellant, sold the adversely affected private property to appellant Tosco Corporation ("Tosco"), whose right to pursue Mobil's claims is conceded.

The DOT's decision was made in the context of a road-improvement...

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