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DEPT. OF PROTECTION v. MIDWAY

DOCKET No. A-2071-17T4.

232 A.3d 463 (2020)

463 N.J. Super. 346

NEW JERSEY DEPARTMENT OF ENVIRONMENTAL PROTECTION, OFFICE OF FLOOD HAZARD RISK REDUCTION MEASURES, Plaintiff-Respondent, v. MIDWAY BEACH CONDOMINIUM ASSOCIATION, INC., Defendant-Appellant.

Superior Court of New Jersey, Appellate Division.

Decided April 16, 2020.

Attorney(s) appearing for the Case

Anthony F. DellaPelle , Morristown, argued the cause for appellant (McKirdy, Riskin, Olson & DellaPelle, PC, attorneys; Anthony F. DellaPelle, of counsel and on the brief; L. Jeffrey Lewis and Alan Zhang , on the briefs).

Avram S. Eule , Roseland, argued the cause for respondent (Carella, Byrne, Cecchi, Olstein, Brody & Agnello, PC, attorneys; Donald F. Miceli , Roseland, of counsel and on the brief; Avram S. Eule, on the brief).

Before Judges Fasciale, Rothstadt and Moynihan.

The opinion of the court was delivered by

In this condemnation action, defendant Midway Beach Condominium Association (Midway) appeals a December 1, 2017, final judgment in favor of the Department of Environmental Protection (DEP), allowing DEP to take a portion of Midway's private property for an easement as part of...

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