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OCEAN CITY v. 2825 WESLEY AVENUE CONDOMINIUM ASS'N

796 A.2d 291 (2002)

350 N.J. Super. 544

CITY OF OCEAN CITY, Plaintiff-Appellant, v. 2825 WESLEY AVENUE CONDOMINIUM ASSOCIATION, Defendant-Respondent.

Superior Court of New Jersey, Appellate Division.

Decided May 7, 2002.

Attorney(s) appearing for the Case

Mary D'Arcy Bittner, Pleasantville, argued the cause for appellant (Youngblood, Corcoran, Lafferty, Stackhouse, Hyberg & Gormley, attorneys; Gerald J. Corcoran, on the brief).

Kenneth A. Porro, Lyndhurst, argued the cause for respondent (Porro, Novello & Francis, attorneys; Mr. Porro, on the brief).

Before Judges SKILLMAN, WALLACE, Jr., and CARCHMAN.

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

The issue presented by this appeal is whether a condemnor in a partial taking case is entitled to an abatement of interest on the condemnation award for the "fair rental value" of the remainder of the property even though the condemnee was deprived of beneficial use of the acquired property as of the date of taking.

In a prior appeal in this case, we affirmed a jury verdict awarding defendant $1...

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