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MANALAPAN TP. v. GENOVESE

187 N.J. Super. 516 (1983)

455 A.2d 536

TOWNSHIP OF MANALAPAN, A MUNICIPAL CORPORATION OF THE COUNTY OF MONMOUTH, STATE OF NEW JERSEY, PLAINTIFF-RESPONDENT, v. JOHN J. GENOVESE AND JUDITH GENOVESE, HIS WIFE, CENTRAL JERSEY BANK & TRUST CO., DEFENDANTS, EMIL WUEST AND GERTRUDE WUEST, HIS WIFE, AND ED & Y REALTY CO., INC., A NEW JERSEY CORPORATION, DEFENDANTS-APPELLANTS.

Superior Court of New Jersey, Appellate Division.

Decided January 12, 1983.

Attorney(s) appearing for the Case

William H. Burns, Jr., argued the cause for appellants (Pearce, Maguire, Burns, O'Brien & Van Note, attorneys; John R. Tassini, on the brief).

Charles R. Parker argued the cause for respondent (Sonnenblick, Parker & Selvers, attorneys; Gerald N. Sonnenblick, of counsel).

Before Judges KING and McELROY.

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

This is an appeal from a denial of severance damages in a condemnation proceeding. By summary judgment, Judge Shebell ruled against appellants. We conclude that he was correct. There were no material issues of fact; we decline appellants' invitation to innovate the law of condemnation. Appellants fail to persuade us that they conform to the requisites of unity of use and ownership required by Supreme Court precedent...

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