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PANSINI CUSTOM DESIGN ASSOCIATES, LLC v. CITY OF OCEAN

No. A-2003-07T1

969 A.2d 1163 (2009)

407 N.J. Super. 137

PANSINI CUSTOM DESIGN ASSOCIATES, LLC, and Roger Parkin Joint Venture, Plaintiffs-Respondents, v. CITY OF OCEAN CITY and Patrick Newton, Construction Code Official of the City of Ocean City, Defendants, and Saving Our Station Coalition, Defendant-Appellant.

Superior Court of New Jersey, Appellate Division.

Decided May 14, 2009.

Attorney(s) appearing for the Case

Clement F. Lisitski, Ocean City, argued the cause for appellant.

Steven D. Scherzer, Atlantic City, argued the cause for respondents (Cooper Levenson, attorneys; Mr. Scherzer, on the brief).

Before Judges CARCHMAN, SABATINO and SIMONELLI.

The opinion of the court was delivered by

CARCHMAN, P.J.A.D.

The narrow issue that we address on this appeal is whether the use of averaging of comparable sales by the trial judge in fixing the fair market value of the real property in issue represents an appropriate evaluation methodology and whether it fulfills a judge's fact-finding responsibility. Here, the trial judge, after excluding the high and low comparable sales presented by the expert witnesses...

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