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NEW JERSEY TRANSIT CORP. v. MORI

DOCKET NO. A-0122-12T4

89 A.3d 237 (2014)

435 N.J. Super. 425

NEW JERSEY TRANSIT CORPORATION, an instrumentality of the State of New Jersey, Plaintiff-Appellant, v. Eugene E. MORI, Defendant-Respondent, and PNC Wealth Management and Township of North Bergen, in the County of Hudson, a municipal corporation of the State of New Jersey, Defendants.

Superior Court of New Jersey, Appellate Division.

Decided May 6, 2014.

Attorney(s) appearing for the Case

Ryan P. Kennedy argued the cause for appellant (Hill Wallack LLP, attorneys; Mr. Kennedy, Princeton, of counsel and on the briefs).

William J. Ward argued the cause for respondent (Carlin & Ward, P.C., attorneys; Mr. Ward and James M. Turteltaub , of counsel and on the brief; Scott A. Heiart , Florham Park, on the brief).

Before Judges FUENTES, SIMONELLI and FASCIALE.

The opinion of the court was delivered by

SIMONELLI, J.A.D.

This matter involves the valuation of approximately one acre of vacant land in the Township of North Bergen owned by defendant Eugene E. Mori and acquired by plaintiff New Jersey Transit Corporation (NJ Transit) through condemnation proceedings (the taking area).1 There is no dispute the taking area contains navigable waters of the United States under the exclusive jurisdiction...

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