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STATE BY COM'R OF TRANSP. v. CAOILI

135 N.J. 252 (1994)

639 A.2d 275

STATE OF NEW JERSEY, BY THE COMMISSIONER OF TRANSPORTATION, PLAINTIFF-APPELLANT, v. FREDERICO R. CAOILI AND ESTRELLA L. CAOILI, DEFENDANTS-RESPONDENTS, AND HUDSON CITY SAVINGS BANK, A BANKING INSTITUTION OF NEW JERSEY; NEW JERSEY NATIONAL BANK, A BANKING INSTITUTION OF THE UNITED STATES OF AMERICA; JAMES SAVIDGE AND TOWNSHIP OF DOVER, IN THE COUNTY OF OCEAN, A MUNICIPAL CORPORATION OF NEW JERSEY, DEFENDANTS.

The Supreme Court of New Jersey.

Decided March 22, 1994.

Attorney(s) appearing for the Case

Lorinda Lasus, Deputy Attorney General, argued the cause for appellant (Fred DeVesa, Attorney General of New Jersey, attorney; Joseph L. Yannotti, Assistant Attorney General, of counsel).

Peter H. Wegener argued the cause for respondents (Bathgate, Wegener, Dugan & Wolf, attorneys).

The opinion of the Court was delivered by HANDLER, J.

This is a condemnation case in which the dispute centers on the fair market value of property taken by the State of New Jersey under its eminent domain powers. The main issue posed by the case relates to the standard of proof applicable to evidence of a potential zoning change affecting the use of the condemned property. Also at issue is the type of valuation methodology that may be followed in determining the...

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