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STATE BY COM'R OF TRANSP. v. VAN NORTWICK

260 N.J. Super. 555 (1992)

617 A.2d 284

STATE OF NEW JERSEY, BY THE COMMISSIONER OF TRANSPORTATION, PLAINTIFF-APPELLANT, v. JOHN VAN NORTWICK, DEFENDANT-RESPONDENT, AND ROBERT W. BLISS; ELLA R. BLISS; UNITED JERSEY BANK/MID STATE, A BANKING INSTITUTION OF NEW JERSEY; DRAZIN & WARSHAW, ESQUIRES; TOWNSHIP OF DOVER, IN THE COUNTY OF OCEAN, A MUNICIPAL CORPORATION OF NEW JERSEY, DEFENDANTS.

Superior Court of New Jersey, Appellate Division.

Decided December 3, 1992.

Attorney(s) appearing for the Case

Lorinda Lasus, Deputy Attorney General, argued the cause for appellant (Robert J. Del Tufo, Attorney General, attorney; Joseph L. Yannotti, Assistant Attorney General, of counsel; Ms. Lasus, on the brief).

John H. Buonocore, Jr. argued the cause for respondent (McKirdy and Riskin, attorneys; Mr. Buonocore, on the brief).

Before Judges BILDER, BAIME and WALLACE.

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

This is a condemnation case. We are confronted with the question of whether the diminution of access to the fronting highway is a compensable element of a condemnation taking. The State contends that such a diminution is not compensable if the remaining access is reasonable. It appeals from a final judgment claiming error in the refusal of the trial judge to exclude from evidence those portions of the appraisal...

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