Can Use Variance Grants Be 'Reasonably Probable'?

Law360, New York (November 2, 2016, 4:30 PM EDT) -- Christopher J. Stracco

Katharine A. Coffey In an unusual step, the Appellate Division recently reversed the Law Division due to "prejudicial error" in permitting defendant condemnees' experts to "offer trial testimony which was legally inadequate and legally incorrect," and in so doing, ordered a new trial on the issue of just compensation. The decision, New Jersey Transit Corp. v. Franco, Docket No. A-3802-12T4, decided on October 19, will be reported and is precedential.

The case involved the condemnation by New Jersey Transit Corp. of adjoining properties in Hoboken, Union City and Weehawken. New Jersey Transit offered $934,500 for the taking (subject to...

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