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LINDEN v. BENEDICT MOTEL CORP.

851 A.2d 652 (2004)

370 N.J. Super. 372

CITY OF LINDEN, COUNTY OF UNION, New Jersey, Plaintiff-Appellant, v. BENEDICT MOTEL CORP., a New Jersey Corporation, a/k/a Benedict Motel, Inc., a New Jersey Corporation, a/k/a Benedict Apartments Corp., a New Jersey Corporation, swan associates, a New Jersey General Partnership, Swan Recreation, Inc. And Benedict Motel, Inc./Fine & Nathanson, t/a Swan Motel, a New Jersey General Partnership, Stanley Nathanson and David A. Nathanson, Lori S. Nathanson, Randi Nathanson, New Jersey National Bank, its successors, and/or its assigns, City Of Linden—State Of New Jersey, Defendants-Respondents.

Superior Court of New Jersey, Appellate Division.

Decided February 11, 2004.

Attorney(s) appearing for the Case

Peter A. Buchsbaum argued the cause for appellant (Greenbaum, Rowe, Smith, Ravin, Davis & Himmel, Woodbridge, and Fahey & Fahey, Springfield, attorneys; Mr. Buchsbaum and Brian W. Fahey, of counsel; Michele Gibson and Dean A. Gaver, Woodbridge, on the brief).

William J. Ward, Florham Park, argued the cause for respondents (Carlin & Ward, attorneys; Mr. Ward, of counsel; Mr. Ward, John J. Carlin, Jr., and Arthur G. Warden, III, on the brief).

Before Judges CARCHMAN, WECKER and WEISSBARD.

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

As part of a redevelopment plan and to widen Routes 1 and 9, plaintiff City of Linden (City) instituted a condemnation proceeding against the Benedict Motel (Motel) and other interested parties (collectively, "defendants") to effect a partial taking of a fifteen-foot wide strip fronting the Motel. The most dramatic impact of the taking is the elimination of fifteen...

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