STATE v. MARKET ASSOCIATES


134 N.J. Super. 282 (1975)

340 A.2d 663

STATE OF NEW JERSEY, BY THE COMMISSIONER OF TRANSPORTATION, PLAINTIFF-RESPONDENT, v. MARKET ASSOCIATES, A PARTNERSHIP OF NEW JERSEY, AND WILDLIFE PRESERVES, INC., A NEW JERSEY CORPORATION, DEFENDANTS-APPELLANTS.

Superior Court of New Jersey, Appellate Division.

Decided May 13, 1975.


Attorney(s) appearing for the Case

Mr. John N. Malyska argued the cause for the appellants (Messrs. Meyner, Landis & Verdon, attorneys).

Mr. Stephen A. Herman, Deputy Attorney General, argued the cause for the respondent (Mr. William F. Hyland, Attorney General, attorney; Mr. Stephen Skillman, Assistant Attorney General, of counsel).

Before Judges KOLOVSKY, LYNCH and ALLCORN.


The opinion of the court was delivered by ALLCORN, J.A.D.

In the unusual, almost unique, circumstances present in this case, defendant landowners were entitled to show and should be permitted to introduce evidence that, on the date of the taking, a willing buyer and a willing seller would have recognized the reasonable probability in the near future of a change in the local zoning ordinance affecting the use of the property taken, and the influence of that factor...

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