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STATE BY COM'R OF TRANSP. v. ROSENBLUM

200 N.J. Super. 209 (1985)

491 A.2d 27

STATE OF NEW JERSEY, BY THE COMMISSIONER OF TRANSPORTATION, PLAINTIFF-RESPONDENT, v. CLARA ROSENBLUM, ET AL., DEFENDANTS-APPELLANTS.

Superior Court of New Jersey, Appellate Division.

Decided April 10, 1985.

Attorney(s) appearing for the Case

Peter H. Wegener argued the cause for appellants (Bathgate, Wegener, Wouters & Neumann, attorneys; Kevin C. Gleason, on the brief).

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

Before Judges MATTHEWS, FURMAN and HAVEY.

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

Defendants are the owners of land, a portion of which was taken by eminent domain by the Commissioner of Transportation as part of a highway widening project. Prior to the taking, defendants' property consisted of a 30 acre parcel located on the corner of Route 9 and Sunnyside Road in Howell Township, Monmouth County. The land, high along Sunnyside Road, dropped off in a southerly direction until it reached...

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