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TOWNSHIP OF WEST ORANGE v. 769 ASSOCIATES, LLC

A-113 September Term 2007

969 A.2d 1080 (2009)

198 N.J. 529

TOWNSHIP OF WEST ORANGE, a Municipal Corporation, Plaintiff-Appellant, v. 769 ASSOCIATES, LLC, a New Jersey Limited Liability Company, Defendant-Respondent, and Maricusa Corp., a New Jersey Corporation, Local America Bank of Tulsa, a Federal Savings Bank and American Cancer Society, New Jersey Division, Inc., Defendants.

Supreme Court of New Jersey.

Decided April 9, 2009.

Attorney(s) appearing for the Case

Richard D. Trenk, West Orange, argued the cause for appellant (Trenk, DiPasquale, Webster, Delia Fera & Sodono, attorneys; Henry M. Karwowski and Scott J. Koplik, on the briefs).

Marc J. Gross, Roseland, argued the cause for respondent (Greenbaum, Rowe, Smith & Davis, attorneys; Mr. Gross and Christine F. Marks, Woodbridge, on the brief).

Justice LONG delivered the opinion of the Court.

We are called upon in this matter to interpret the Eminent Domain Act of 1971, N.J.S.A. 20:3-1 to -50, which provides in relevant part that:

If the court renders final judgment that the condemnor cannot acquire the real property by condemnation or, if the condemnation action is abandoned by the condemnor, then the court shall award the owner of any right, or title to, or interest in such real property...

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