CITY OF LONG BRANCH v. JUI YUNG LIU

A-9 September Term 2009

4 A.3d 542 (2010)

203 N.J. 464

CITY OF LONG BRANCH, A Municipal Corporation of the State of New Jersey, Plaintiff-Respondent, v. JUI YUNG LIU and Elizabeth Liu, his wife, Adelina's Pizza, Jimmy's Pizza, Jimmy Jetty, Inc., and Jimmy's Famous Boardwalk Hotdog, Defendants-Appellants, and Administrator of Small Business Administration, Horoaph Co., L.L.C. t/a Dairy King, Gifted Sara, Wizard World, Inc., Specialty Merchandise Association, Funhouse, and Club 115, Defendants.

Supreme Court of New Jersey.

Decided September 21, 2010.


Attorney(s) appearing for the Case

Peter H. Wegener argued the cause for appellants (Bathgate, Wegener & Wolf, attorneys; Mr. Wegener and Christopher B. Healy, Lakewood, on the briefs).

Paul V. Fernicola , Red Bank, argued the cause for respondent (Mr. Fernicola, attorney; Mr. Fernicola and Robert E. Moore, on the briefs).

Russell M. Finestein submitted a brief on behalf of amicus curiae New Jersey Land Title Association (Finestein & Malloy, attorneys; Mr. Finestein and Michael D. Malloy, Chatham, on the brief).

Dean Jablonski , Deputy Attorney General, submitted a brief on behalf of amicus curiae Attorney General of New Jersey (Paula T. Dow, Attorney General, attorney; Melissa H. Raksa, Assistant Attorney General, of counsel; Mr. Jablonski and William E. Andersen, Deputy Attorney General, on the brief).

Gordon N. Litwin submitted a brief on behalf of amicus curiae American Littoral Society, Inc. (Ansell Zaro Grimm & Aaron, attorneys; Mr. Litwin and Andrew J. Provence, Newark, on the brief).

Stefanie A. Brand , Acting Public Advocate of New Jersey, submitted a letter brief on behalf of amicus curiae Department of the Public Advocate (Ms. Brand, attorney; Ms. Brand and Brian Weeks, Deputy Public Advocate, on the letter brief).


Justice ALBIN delivered the opinion of the Court.

In this appeal, defendants Jui Yung Liu (through his heir or heirs)1 and Elizabeth Liu, his wife, claim that they did not receive just compensation for their oceanfront property, which was taken by plaintiff City of Long Branch through its power of eminent domain. First, in a pretrial ruling, the trial court rejected the Lius' contention that the value of their property should have been...

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