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NEW JERSEY TURNPIKE AUTH. v. DESIDERIO

193 N.J. Super. 728 (1983)

475 A.2d 693

NEW JERSEY TURNPIKE AUTHORITY, PLAINTIFF, v. FRANK J. DESIDERIO AND HENRIETTA DESIDERIO, HIS WIFE; ANTHONY J. DESIDERIO AND MARYANN DESIDERIO, HIS WIFE; RALPH T. DESIDERIO, SINGLE; RACHEL O. KAMAND AND ANTHONY KAMAND, HER HUSBAND; WHIPPANY PAPER BOARD COMPANY, INC., A NEW JERSEY CORPORATION; THOMAS VIOLA AND SON, INC., A NEW JERSEY CORPORATION; TOWNSHIP OF LYNDHURST, A MUNICIPAL CORPORATION OF THE STATE OF NEW JERSEY; THE MORRIS & ESSEX RAILROAD COMPANY, A NEW JERSEY CORPORATION, STATE OF NEW JERSEY; COUNCIL IN THE DIVISION OF RESOURCE DEVELOPMENT OF THE DEPARTMENT OF CONSERVATION AND ECONOMIC DEVELOPMENT OF THE STATE OF NEW JERSEY (PRESENTLY THE TIDELANDS RESOURCE COUNCIL, IN THE DEPARTMENT OF ENVIRONMENTAL PROTECTION, IN THE DIVISION OF COASTAL RESOURCES), DEFENDANTS.

Superior Court of New Jersey, Law Division Bergen County.

Decided November 29, 1983.

Attorney(s) appearing for the Case

Gage Andretta for plaintiff (Wolf & Samson, attorneys).

William H. Lorentz, Deputy Attorney General for defendants, State of New Jersey; Council in the Division of Resource Development of the Department of Conservation and Economic Development of the State of New Jersey (Michael R. Cole, Acting Attorney General of New Jersey, attorney).

Alfred A. Porro, Jr. for all remaining defendants.

OPINION

SIMPSON, A.J.S.C.

This is a case that refuses to die. It is now half way through its 14th year, the plaintiff New Jersey Turnpike Authority (hereafter "Turnpike Authority") having filed a condemnation complaint on May 11, 1970. The land was part of that needed for the westerly spur of the Turnpike that runs northerly of exit 14 to the terminus at exit 18W. Although the westerly spur has long since been built and millions of cars and trucks have traversed...

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