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STATE BY COM'R OF TRANSP. v. LAINO

193 N.J. Super. 713 (1984)

475 A.2d 685

STATE OF NEW JERSEY, BY THE COMMISSIONER OF TRANSPORTATION, PLAINTIFF-APPELLANT, v. MICHAEL V. LAINO, DEFENDANT-RESPONDENT, AND ARLENE LAINO; FIRST PEOPLES BANK OF NEW JERSEY, A CORPORATION OF NEW JERSEY; MICHAEL V. LAINO ASSOCIATES, INC., A CORPORATION OF NEW JERSEY; KAUTZ PRINTING & COPY SERVICE, INC., A CORPORATION OF NEW JERSEY; WAYNE BUSER, DOING BUSINESS AS WAYNE BUSER AUTO BODY; N M I MANUFACTURING AND DISTRIBUTING CORP., A CORPORATION OF PENNSYLVANIA, NOT AUTHORIZED TO DO BUSINESS IN NEW JERSEY; TOWNSHIP OF DELRAN, IN THE COUNTY OF BURLINGTON, A MUNICIPAL CORPORATION OF NEW JERSEY, DEFENDANTS.

Superior Court of New Jersey, Appellate Division.

Decided May 7, 1984.

Attorney(s) appearing for the Case

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

Frederick W. Hardt argued the cause for respondent (Sever & Hardt, attorneys).

Before Judges FRITZ, FURMAN and DEIGHAN.

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

The State appeals from a condemnation award of $95,000, the difference between the stipulated value of $100,000 after taking and the value of $195,000 before taking which was arrived at by the trial judge sitting without a jury. We are constrained to reverse and remand.

In his written opinion after a three day trial the trial judge stated:

Each...

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