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STATE, BY COM'R OF TRANSP. v. FAPS REALTY CORP.

197 N.J. Super. 44 (1984)

484 A.2d 35

STATE OF NEW JERSEY, BY THE COMMISSIONER OF TRANSPORTATION, PLAINTIFF-APPELLANT, v. FAPS REALTY CORP., ET ALS., DEFENDANTS-RESPONDENTS.

Superior Court of New Jersey, Appellate Division.

Decided November 16, 1984.

Attorney(s) appearing for the Case

Irwin I. Kimmelman, Attorney General of New Jersey, attorney for appellant (James J. Ciancia, Assistant Attorney General, of counsel; Patricia D. Connelly, Deputy Attorney General, on the brief.)

Carton, Nary, Witt & Arvanitis, attorneys for respondent Faps Realty Corp. (Stephen C. Carton, of counsel and on the brief.)

Before Judges KING, DEIGHAN and BILDER.

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

This is an appeal by the Commissioner of Transportation from a $53,000 condemnation award. The State contends the valuation opinion upon which the award was based included damages for which an owner may not be compensated and that without the separation of such improper elements, the opinion was inadmissible. We agree.

Defendant was the owner of a 3.58 acre tract located on the easterly side of Route...

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