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RIVER v. 66 EAST ALLENDALE, LLC

A-126 September Term 2011, 070525

77 A.3d 1161 (2013)

216 N.J. 115

BOROUGH OF SADDLE RIVER, Plaintiff-Appellant, v. 66 EAST ALLENDALE, LLC, Defendant-Respondent.

Supreme Court of New Jersey.

Decided October 21, 2013.

Attorney(s) appearing for the Case

Robert J. Kipnees argued the cause for appellant (Lowenstein Sandler, attorneys; Mr. Kipnees and Natalie J. Kraner, Roseland, on the briefs).

Peter H. Wegener , Lakewood, argued the cause for respondent (Bathgate, Wegener & Wolf, attorneys).

Matthew Weng submitted a brief on behalf of amicus curiae New Jersey State League of Municipalities.

Justice LaVECCHIA delivered the opinion of the Court.

In this appeal, we review an appellate judgment that affirmed a $5.25 million condemnation award for defendant 66 East Allendale, LLC (East Allendale) against plaintiff Borough of Saddle River (Borough). For the reasons that follow, we reverse that judgment and remand for a new trial on just compensation.

In a condemnation action the determination sought is the amount of just compensation. Just compensation...

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