NJ SCHOOLS CONSTRUCTION CORP., ET AL. V. DAVID LOPEZ,
ET ALS A-4732-07T2 02-19-10
In this condemnation action instituted by the former New
Jersey Schools Construction Corporation (now New Jersey Schools
Development Authority), we hold that the value of improvements
to the property, made after the defendant owner received a
"Notice of Interest" (NOI) letter from the agency, are included
in setting just compensation, where there was no proof that
these improvements were constructed for the sole purpose of
enhancing the condemnation award. Also, absent any indicia of
imminent condemnation, the owner who failed to disclose his
receipt of the NOI letter to the local zoning board, before
which variance approvals were pending, did not engage in bad
faith.
As a threshold issue, we held that a consent order of
settlement that expressly reserves the right to appeal an
interlocutory order and provide that the judgment would be
vacated if the interlocutory order were reversed on appeal is
appealable under Rule 2:2-3.
