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COUNTY OF OCEAN v. ZEKARIA REALTY

271 N.J. Super. 280 (1994)

638 A.2d 859

COUNTY OF OCEAN, A PUBLIC CORPORATION OF THE STATE OF NEW JERSEY, PLAINTIFF-RESPONDENT, v. ZEKARIA REALTY, INC., ET AL., DEFENDANT-APPELLANT.

Superior Court of New Jersey, Appellate Division.

Decided March 4, 1994.

Attorney(s) appearing for the Case

Peter H. Wegener argued the cause for appellant (Bathgate, Wegener, Dugan & Wolf, attorneys; Mr. Wegener and Michael I. Helfacre, on the brief).

Seymour J. Kagan argued the cause for respondent (Berry, Kagan & Sahradnik, attorneys; Mr. Kagan, on the brief).

Before Judges KING, ARNOLD M. STEIN and ARIEL A. RODRIGUEZ.

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

This case involves the right of a property owner to recover damages in condemnation for the taking of a fifteen-foot right-of-way easement. Fourteen years before the taking, the property owner conveyed an easement over the property to the County as a condition of variance and site plan approval. Because of this passage of time without any protest by the property owner, we conclude that the claim for damages...

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