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STATE v. CHERRY HILL MITSUBISHI

Docket No. A-2899-13T2.

110 A.3d 92 (2015)

439 N.J. Super. 462

STATE of New Jersey, by the Commissioner of Transportation, Plaintiff-Appellant, v. CHERRY HILL MITSUBISHI, INC., a New Jersey Corporation; Foulke Management Corporation, a New Jersey Corporation, d/b/a Cherry Hill Triplex, Cherry Hill Dodge, Cherry Hill Kia and Cherry Hill Mitsubishi; Cherry Hill Dodge, Inc., a New Jersey Corporation, Defendants/Third-Party Plaintiffs-Respondents, v. Victor AKPU; The Commissioner of the Department of Transportation, Third-Party Defendants-Appellants.

Superior Court of New Jersey, Appellate Division.

Decided February 26, 2015.

Attorney(s) appearing for the Case

John J. Hoffman , Acting Attorney General, attorney for appellants ( Melissa H. Raksa , Assistant Attorney General, of counsel; Sharon Price-Cates , Deputy Attorney General, on the brief).

Capehart & Scatchard, attorneys for respondent ( Laura D. Ruccolo , Mt. Laurel, on the brief).

Before Judges ALVAREZ, WAUGH, and MAVEN.

The opinion of the court was delivered by

The State of New Jersey filed a Rule 4:67 summary action1 to compel removal of encroachments on a portion of its Route 70 right-of-way in Cherry Hill. See N.J.S.A. 27:7-44.1.2 On the return date, the trial judge...

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