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READINGTON TP. v. SOLBERG AVIATION

No. A-3083-07T3, No. A-1537-08T3.

976 A.2d 1100 (2009)

409 N.J. Super. 282

TOWNSHIP OF READINGTON, a municipal corporation of the State of New Jersey, Plaintiff-Respondent, v. SOLBERG AVIATION CO., a New Jersey partnership, Defendant-Appellant, and John Hromoho; Thor Solberg, Jr.; Waters McPherson McNeill, P.C.; Fox, Rothschild, O'Brien & Frankel, LLP; Thor Solberg Aviation; New Jersey Department of the Treasury, Division of Taxation; and Township of Readington, Defendants.

Superior Court of New Jersey, Appellate Division.

Decided August 19, 2009.

Attorney(s) appearing for the Case

Laurence B. Orloff, Roseland, argued the cause for appellant (Orloff, Lowenbach, Stifelman & Siegel, attorneys; Mr. Orloff, of counsel; Mr. Orloff and Philip E. Mazur, on the brief).

James P. Rhatican, Roseland, argued the cause for respondent (Connell Foley, attorneys; Mr. Rhatican and Kevin J. Coakley, of counsel; Mr. Rhatican and Joseph M. Murphy, on the brief).

Before Judges CARCHMAN, SABATINO and SIMONELLI.

The opinion of the court was delivered by

CARCHMAN, P.J.A.D.

This appeal challenging a condemnation judgment granting, among other things, title and possession of a portion of defendant Solberg Aviation Co.'s ("defendant" or "Solberg") property to plaintiff Township of Readington ("plaintiff" or "the Township"), raises two critical issues of law. The first is the preemptive effect of state aviation statutes, specifically...

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