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ESSEX CTY. IMP. AUTH. v. RAR DEV.

733 A.2d 580 (1999)

323 N.J. Super. 505

ESSEX COUNTY IMPROVEMENT AUTHORITY, Plaintiff, v. RAR DEVELOPMENT ASSOCIATES, Palmer Industries, Inc., Passaic Valley Sewerage Commissioners, The City of Newark, Bell Atlantic of New Jersey and Public Service Electric and Gas Co., Defendants.

Superior Court of New Jersey, Law Division, Essex County.

Decided April 1, 1999.

Attorney(s) appearing for the Case

J.S. Cohen, for plaintiff Essex County Improvement Authority (DeCotiis, Fitzpatrick & Gluck, LLP, Ramsey).

Anthony F. Della Pelle, for defendant RAR Development Associates (McKirdy & Riskin, Morristown).

Spencer B. Robbins, New York City, for defendant Palmer Industries, Inc. (Robbins and Robbins).

William A. Fox, Morristown, for defendant Passaic Valley Sewerage Commissioners (Graham, Curtin & Sheridan, PA).

Ellen M. Harris, Newark, for defendant City of Newark (City of Newark Corporation Counsel).

Kenneth D. Wolfe, Atlantic City, for defendant Bell Atlantic of New Jersey (Cooper, Perskie, April, Niedelman, Wagenheim & Levenson).

Carl L. Sulzberger, Newark, for defendant Public Service Electric and Gas, Co. (Public Service Electric & Gas, Co., attorney).

WEISS, A.J.S.C.

I. Background

This matter is before the court on the return date of an Order to Show Cause as to why final judgment should not be entered that the plaintiff, Essex County Improvement Authority ("ECIA"), has duly exercised its power of eminent domain and, therefore, three disinterested commissioners should be appointed to determine the compensation to the defendant, RAR Development Associates...

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