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BOROUGH OF MILFORD v. ARNOLD

887 A.2d 738 (2005)

382 N.J. Super. 83

BOROUGH OF MILFORD, Plaintiff, v. Walter ARNOLD, Defendant.

Superior Court of New Jersey, Law Division, Hunterdon County.

Decided August 26, 2005.

Attorney(s) appearing for the Case

John H. Rittley, Flemington, for plaintiff.

Gaetano M. DeSapio, Frenchtown, for defendant.

BUCHSBAUM, J.S.C.

FACTS

Scope Of The Dispute

This is a condemnation case. The Borough of Milford has taken an easement for road purposes along what is known as Railroad Avenue in Milford Borough. Originally it sought to condemn 5,296 square feet on Block 15, Lots 1, 10 and 11. After initiating the condemnation action on December 9, 2002, the Borough did further research and determined that deeds in 1867 and 1893 already provided public...

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