STATE v. SHALOM MONEY STREET, LLC

Docket No. A-4205-11T2

71 A.3d 901 (2013)

432 N.J. Super. 1

STATE of New Jersey, by the COMMISSIONER OF TRANSPORTATION, Plaintiff-Appellant, v. SHALOM MONEY STREET, LLC, a Revoked New Jersey Limited Liability Company, Defendant-Respondent, and Eden Unique Autos, LLC, a New Jersey Limited Liability Company; Birol Bauelvaci, d/b/a Selin Auto Exchange; Borough of Lodi, in the County of Bergen, a Municipal Corporation of New Jersey, Defendants.

Superior Court of New Jersey, Appellate Division.

Decided June 25, 2013.


Attorney(s) appearing for the Case

Jeffrey S. Chiesa , Attorney General, attorney for appellant ( Melissa H. Raksa , Assistant Attorney General, of counsel; Sharon Price-Cates , Deputy Attorney General, on the brief).

Respondent Shalom Money Street, LLC, has not filed a brief.

The opinion of the court was delivered by


ESPINOSA, J.A.D.

In this condemnation case, both the State and the property owner filed appeals from the commissioners' award fixing just compensation for a temporary taking. The issue before us is whether the trial court may reinstate the commissioners' award over the parties' objection after dismissing their appeals sua sponte. For the reasons that follow, we conclude the trial court may not do so.

Defendant, Shalom...

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