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CASINO REINVESTMENT DEVELOPMENT AUTHORITY v. TELLER

894 A.2d 1215 (2006)

384 N.J. Super. 408

CASINO REINVESTMENT DEVELOPMENT AUTHORITY, Plaintiff-Appellant, v. James H. TELLER, Sr., and Mary E. Teller, Husband and Wife; Anchor Savings and Loan Association; Beneficial Savings Bank; Security Savings and Loan Association; Quanda Mitchell Price; National Community Bank of New Jersey; National Westminster Bank NJ T/A First Jersey National Bank South; Action Savings Bank S.L.A.; Lanetta Ways; Pomona Oil Company; Beneficial New Jersey, Inc.; State of New Jersey; Atlantic City Electric Company Employee Federal Credit Union; Cape Atlantic MRI; Cellular Phone of New Jersey; Brian Thomas, Trustee; Atlantic City Municipal Utilities Authority; and Atlantic City Sewerage Company, Defendants, and City of Atlantic City, Defendant-Respondent.

Superior Court of New Jersey, Appellate Division.

Decided April 10, 2006.

Attorney(s) appearing for the Case

Renee A. Rubino, Lyndhurst, argued the cause for appellant (Scarinci & Hollenbeck, LLC, attorneys; Renee A. Rubino, of counsel and on the brief).

Kimberly O'Brien-Baldwin, Assistant City Solicitor, argued the cause for respondent City of Atlantic City (Beverly Graham Foy, City Solicitor, attorney; Marcia Allen Phillips, Assistant City Solicitor, on the brief).

Before Judges LINTNER, PARRILLO and GILROY.

The opinion of the court was delivered by

GILROY, J.S.C. (temporarily assigned).

This is a condemnation action. Plaintiff, Casino Reinvestment Development Authority (CRDA), appeals from the order of the Law Division entered on February 22, 2005, denying its motion to vacate an order of August 27, 2004, granting defendant, City of Atlantic City's (City), motion to withdraw funds previously deposited into court by CRDA on filing of a declaration of taking during...

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