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UNITED SAVINGS BANK v. STATE

823 A.2d 873 (2003)

360 N.J. Super. 520

UNITED SAVINGS BANK, Plaintiff-Appellant, v. STATE of New Jersey, Department of Environmental Protection, Defendant-Respondent.

Superior Court of New Jersey, Appellate Division.

Decided June 4, 2003.

Attorney(s) appearing for the Case

Francis P. Maneri, Cherry Hill, argued the cause for appellant (Dilworth Paxon, attorneys; Mr. Maneri, on the brief).

Lewin J. Weyl, Trenton, argued the cause for respondent (Peter C. Harvey, Acting Attorney General, attorney; Patrick DeAlmeida, Deputy Attorney General, of counsel; Mr. Weyl, on the brief).

Before Justice WALLACE, JR., (temporarily assigned) and Judges CIANCIA and AXELRAD.

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

Plaintiff United Savings Bank (USB) appeals a summary judgment dismissing its inverse condemnation complaint against defendant, Department of Environmental Protection (DEP). The ruling was based upon a finding that USB had failed to exhaust its administrative remedies. In denying USB's subsequent motion for reconsideration the trial court also added that plaintiff...

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