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Thursday, October 18, 2012

LEE HOAGLAND AND DENISE HOAGLAND v. CITY OF LONG BRANCH A-0538-11T2/A-1583-11T2


LEE HOAGLAND AND DENISE HOAGLAND v. CITY OF LONG BRANCH
          A-0538-11T2/A-1583-11T2(CONSOLIDATED)
In this case, we consider whether plaintiffs, who had been the subject of eminent domain actions the municipality later abandoned, could recover compensation over and above the litigation expenses they were paid under N.J.S.A. 20:3-35. We hold that, because the municipality followed all the statutory requirements in bringing and later abandoning the actions, there was no "temporary taking" of plaintiffs' properties under the Eminent Domain Act, N.J.S.A. 20:3-1 to -50. We also reject
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plaintiffs' contention that a temporary taking occurred when the trial judge found the municipality had the authority to take possession of their properties. Finally, we hold that a taking did not occur under general constitutional principles. We therefore affirm the trial court's grant of summary judgment to the municipality.