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STATE BY COM'R OF TRANSP. v. F & J.

250 N.J. Super. 19 (1991)

593 A.2d 352

STATE OF NEW JERSEY, BY THE COMMISSIONER OF TRANSPORTATION, PLAINTIFF-RESPONDENT, v. F & J PARTNERSHIP, A PARTNERSHIP OF NEW JERSEY, DEFENDANT-APPELLANT, AND MARINE NATIONAL BANK, A BANKING INSTITUTION OF THE U.S.A.; TOWNSHIP OF DOVER, IN THE COUNTY OF OCEAN, A MUNICIPAL CORPORATION OF NEW JERSEY, DEFENDANTS.

Superior Court of New Jersey, Appellate Division.

Decided July 5, 1991.

Attorney(s) appearing for the Case

Peter H. Wegener argued the cause for appellant (Bathgate, Wegener, Wouters & Neumann, attorneys; Peter H. Wegener, on the brief).

George P. Ljutich, Deputy Attorney General, argued the cause for respondent (Robert J. Del Tufo, Attorney General, attorney; Michael R. Clancy, Assistant Attorney General, of counsel; George P. Ljutich, on the brief).

Before Judges GAULKIN, SHEBELL and SKILLMAN.

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

This is a condemnation action brought by the Department of Transportation (DOT) to acquire land required in connection with the widening of Route 70 in Ocean County. The subject property consists of approximately five acres out of a twenty acre parcel located on the southwest corner of Routes 70 and 9 in Dover Township.

On October 10, 1986, DOT notified...

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