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CITY OF TRENTON v. 222 WEST ASSO. FUND

796 A.2d 913 (2002)

350 N.J. Super. 600

CITY OF TRENTON, a Municipal Corporation of the State of New Jersey, Plaintiff-Respondent, v. 222 WEST ASSOCIATES FUND, Sidney Sussman, Defendants-Appellants, FUNB, as Custodian for D.H. Associates; First National State Bank of South Jersey, a National Banking Organization, Successor by Change of Name to First National State Bank of Central Jersey; Columbia Savings and Loan Association, a Corporation of the State of New Jersey, its Successors and Assigns; 224 West State Street Corporation, its Successors and Assigns; and Prentice Realty Company of Trenton, its Successors and Assigns, Defendants.

Superior Court of New Jersey, Appellate Division.

Decided May 13, 2002.

Attorney(s) appearing for the Case

Edwin D. McKirdy argued the cause for appellants (McKirdy & Riskin, attorneys; Mr. McKirdy, of counsel; Adelaide Riggi, on the brief).

Harvey C. Johnson, Camden, argued the cause for respondent.

Before Judges BAIME, FALL and AXELRAD.

The opinion of the Court was delivered by AXELRAD, J.T.C. (temporarily assigned).

In this condemnation action, the property owner, 222 West Associates ("222 West"), appeals from the granting of summary judgment to plaintiff, the City of Trenton ("City"), valuing the property with a four and one-half story height limitation rather than the nine-story height contained in the preliminary approval.

The subject property, which contains a structure known as the...

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