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STATE v. SIMON FAMILY ENT.

842 A.2d 315 (2004)

367 N.J. Super. 242

STATE of New Jersey, by the Commissioner of Transportation, Plaintiff-Appellant, v. SIMON FAMILY ENTERPRISES, L.L.C.; 1364 Black Horse Pike Condominium Association, Inc.; Emma Grasso; Martin Hamson; Township of Egg Harbor, in the County of Atlantic, a municipal corporation of New Jersey, Defendants Respondents.

Superior Court of New Jersey, Appellate Division.

Decided March 5, 2004.

Attorney(s) appearing for the Case

Stuart A. Brooks, Trenton, argued the cause for appellant (Peter C. Harvey, Attorney General, attorney; Patrick DeAlmeida, Deputy Attorney General, of counsel and on the brief with Mr. Brooks).

Peter H. Wegener, Lakewood, argued the cause for respondents (Bathgate, Wegener & Wolf, attorneys; Mr. Wegener, of counsel and on the brief).

Before Judges HAVEY, FALL and HOENS.

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

Plaintiff, State of New Jersey, by the Commissioner of the Department of Transportation, appeals from a judgment entered following a jury verdict awarding defendant Simon Family Enterprises, L.L.C. compensation for a partial taking of a tract owned by Simon and from an order denying a new trial on that complaint in condemnation. We affirm.

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