NJT CORP. v. CAT IN THE HAT


803 A.2d 114 (2002)

353 N.J. Super. 364

NEW JERSEY TRANSIT CORPORATION, a body corporate and politic, Plaintiff-Appellant, v. CAT IN THE HAT, LLC, Defendant-Respondent, and The State of New Jersey and the City of Trenton, Defendants. New Jersey Transit Corporation, a body corporate and politic, Plaintiff-Appellant, v. The Goldman, Popkin, Caputi, Hegedus and Carom Partnership, a New Jersey General Partnership, T/A Best-Spot Parking, Goldmann, Popkin, Caputi, Hegedus and Carom, a New Jersey General Partnership, T/A Best-Spot Parking, Goldmann, Popkin, Hegedus and Carom, a New Jersey General Partnership, T/A Best Spot Parking, Best Spot Parking Lot, a New Jersey Partnership, T/A Best Spot Parking Lot, Ruth Carom a/k/a Ruth H. Carom, Partner, Barbara Caputi, Partner, Beatrice Goldman a/k/a Beatrice Goldmann, Partner, Carmela Hegedus a/k/a Carmella Hegedus, Partner, and Ruth Popkin a/k/a Ruth C. Popkin, Partner, Defendants-Respondents, and City of Trenton, Defendant. State of New Jersey, by the Commissioner of Transportation, Plaintiff-Respondent, v. Sandra E. Eisen, Defendant-Appellant, and Adams Perfect Funeral Home, Inc., a Corporation of New Jersey, and City of Jersey City, in the County of Hudson, a Municipal Corporation of New Jersey, Defendant.

Superior Court of New Jersey, Appellate Division.

Decided July 22, 2002.


Attorney(s) appearing for the Case

Maureen Hinchliffe Bonney, Deputy Attorney General, argued the cause for appellant New Jersey Transit Corp. in A-974-00 and A-1656-00 and respondent State of New Jersey, by Commissioner of Transportation in A-5496-00 (David Samson, Attorney General, attorney; Patrick DeAlmeida, Deputy Attorney General, of counsel; Ms. Bonney and Dale Laster Lessne, Deputy Attorney General, on the brief).

Edward D. McKirdy, Morristown, argued the cause for respondents Cat in the Hat, LLC in A-974-00; The Goldman, Popkin, Caputi, Hegedus and Carom Partnership, etc. in A-1656-00 and appellant Sandra E. Eisen in A-5496-00 (McKirdy and Riskin, attorneys; Mr. McKirdy, on the brief).

Before Judges KING, CUFF and WINKELSTEIN.


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

In these consolidated condemnation appeals, we review the use by the State of environmental reservation clauses, which preserve the State's right to recover from the former property owner the cost of cleanup and removal of hazardous substances on property acquired by the State through its eminent domain authority. Although the issue has been addressed by several trial...

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