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HOUSING AUTHORITY OF NEWARK v. NORFOLK REALTY CO.

71 N.J. 314 (1976)

364 A.2d 1052

HOUSING AUTHORITY OF THE CITY OF NEWARK, A BODY CORPORATE AND POLITIC, PLAINTIFF-RESPONDENT, v. NORFOLK REALTY COMPANY AND DAVIS WHITE CO., INC., DEFENDANTS-APPELLANTS.

The Supreme Court of New Jersey.

Decided October 6, 1976.

Attorney(s) appearing for the Case

Mr. Joseph R. McMahon argued the cause for appellants (Messrs. Lum, Biunno and Tompkins, attorneys; Mr. McMahon, of counsel; Mr. Walter J. Fessler, on the brief).

Mr. Ferdinand J. Biunno argued the cause for respondent (Messrs. Friedman and D'Alessandro, attorneys; Ms. Lauren B. Cohen, on the brief).

The opinion of the court was delivered by PASHMAN, J.

This is a condemnation case presenting three main issues. First, the Court is called upon to decide whether a condemnee can recover severance damages with respect to a parcel of land which is not physically contiguous to the property condemned but which is used as a unit. Second, the Court must determine if ownership by an identical entity of both the condemned portion and the remaining parcel is a prerequisite...

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