From Casetext: Smarter Legal Research

County of Sussex v. Merrill Lynch

Superior Court of New Jersey, Appellate Division
May 7, 2002
351 N.J. Super. 1 (App. Div. 2002)

Opinion

A-5468-00T5

Argued: April 15, 2002

Decided: May 7, 2002

On appeal from Superior Court of New Jersey Law Division, Sussex County, SSX-L-191-01.

Before Judges Kestin, Steinberg and Alley.

Greenbaum, Rowe, Smith, Ravin, Davis Himmel, attorneys for appellant (Dean A. Gaver, of counsel and, with Steven Firkser, on the brief).

McConnell, Lenard Griggs, attorneys for respondent (Dennis R. McConnell, of counsel and, with Robert B. Campbell, on the brief).


The opinion of the Court was delivered by


Defendant appeals from the trial court's order for judgment and appointing commissioners. The single issue raised is that "[t]he condemnation action should be dismissed as a result of the county's breach of its contractual commitments and violation of its duty of good faith in exercising its powers of eminent domain."

We have reviewed the record in the light of the written and oral arguments advanced by the parties and, after evaluating the issues in the context of prevailing rules of law, we are in substantial agreement with the reasons for decision articulated by Judge Stanton in his written opinion of June 4, 2001, reported at 351 N.J. Super. 66, 796 A.2d 958 (Law. Div. 2001).

Affirmed.


Summaries of

County of Sussex v. Merrill Lynch

Superior Court of New Jersey, Appellate Division
May 7, 2002
351 N.J. Super. 1 (App. Div. 2002)
Case details for

County of Sussex v. Merrill Lynch

Case Details

Full title:THE COUNTY OF SUSSEX, Plaintiff-Respondent, v. MERRILL LYNCH, PIERCE…

Court:Superior Court of New Jersey, Appellate Division

Date published: May 7, 2002

Citations

351 N.J. Super. 1 (App. Div. 2002)
796 A.2d 913

Citing Cases

Readington v. Solberg Aviation

The filing an action that challenges the condemnor's authority to condemn can affect the right to possession…

Berardi v. Twp. of Pemberton

The Berardis also contend that several other decisions should inform our review. They assert that County of…