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HOUSING AUTH. OF CITY OF NEW BRUNSWICK v. SUYDAM INVESTORS, L.L.C.

810 A.2d 1137 (2002)

355 N.J. Super. 530

The HOUSING AUTHORITY OF the CITY OF NEW BRUNSWICK, Acting as Redevelopment Agency, Plaintiff-Respondent, v. SUYDAM INVESTORS, L.L.C., Defendant-Appellant, and Tinton Falls State Bank; the City of New Brunswick, a municipal corporation; GTL Investments, L.P.; and American Bankers Life Assurance Company of Florida, Defendants.

Superior Court of New Jersey, Appellate Division.

Decided December 11, 2002.

Attorney(s) appearing for the Case

James M. Turteltaub argued the cause for appellant (Carlin & Ward, attorneys; Mr. Turteltaub and John J. Reilly, Newark, on the brief).

Marvin J. Brauth argued the cause for respondent (Wilentz, Goldman & Spitzer, attorneys; Mr. Brauth and Yvonne Marcuse, of counsel and on the brief; Anna I. Monforth, Woodbridge, on the brief).

David Samson, Attorney General, attorney for amicus curiae State of New Jersey (Nancy Kaplen, Assistant Attorney General, of counsel; Maureen Hinchliffe Bonney and Dale Laster Lessne, Deputy Attorneys General, on the brief).

Before Judges SKILLMAN, LEFELT and WINKELSTEIN.

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

The primary issue presented by this appeal is whether a condemnor may consider the presence of environmental contamination in valuing the subject property or must value the property as if it were uncontaminated and bring a separate action for costs of cleanup under applicable environmental statutes. We conclude that environmental contamination is relevant to a...

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