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Docket Number
Attorney(S)
  • 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).
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Citation Codes
Equivalent Citations
citation codes
Docket Number
Attorney(S)
  • 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).
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Smart Summary

THE COUNTY OF SUSSEX, Plaintiff-Respondent, v. MERRILL LYNCH, PIERCE, FENNER SMITH, INCORPORATED, Defendant-Appellant.

The opinion of the Court was delivered by

KESTIN, J.A.D.

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.

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COUNTY OF SUSSEX v. MERRILL LYNCH
(May 7, 2002)