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STATE v. McCARTHY

240 N.J. Super. 464 (1990)

573 A.2d 532

STATE OF NEW JERSEY BY THE COMMISSIONER OF TRANSPORTATION, PLAINTIFF, v. JOHN F. MCCARTHY, JR., TRUSTEE; TOWNSHIP OF MONTGOMERY IN THE COUNTY OF SOMERSET, A MUNICIPAL CORPORATION, OF NEW JERSEY, DEFENDANTS. STATE OF NEW JERSEY BY THE COMMISSIONER OF TRANSPORTATION, PLAINTIFF, v. JEFFREY H. SANDS; TOWNSHIP OF MONTGOMERY IN THE COUNTY OF SOMERSET, A MUNICIPAL CORPORATION, OF NEW JERSEY, DEFENDANTS.

Superior Court of New Jersey, Law Division Somerset County.

Decided February 2, 1990.

Attorney(s) appearing for the Case

Drew K. Kapur for plaintiff (Peter N. Perretti, Jr., Attorney General of New Jersey, attorney; Drew K. Kapur on the brief).

S. Philip Klein for defendants (Ozzard, Wharton, Rizzolo, Klein, Mauro, Savo & Hogan, attorneys; S. Philip Klein and Arthur D. Fialk on the brief).

DIANA, A.J.S.C.

The instant consolidated condemnation cases involve the State of New Jersey's ("the State") acquisition of two parcels of unimproved property for state highway purposes in accordance with N.J.S.A. 27:7-22 and -66 et seq. (the "Alignment Preservation Law"). The subject property is located in Montgomery Township, Somerset County.

The parties were unable to agree on the amount of compensation to be paid for the taking; thus, an action...

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