BOROUGH OF HARVEY CEDARS V.
HARVEY KARAN AND PHYLLIS
KARAN
A-4555-10T3
Plaintiff condemned an easement across defendants'
oceanfront property and
constructed a huge dune that partially
blocked the previously
unobstructed ocean view from their house.
Affirming the trial court, we
held that construction of the dune
conferred a general rather than
a special benefit on defendants'
property. The resulting protection from storm
damage was the
object of the dune project and
was not different in kind from
the benefit conferred on the
island as a whole, even if the
benefit to defendants' land
might be somewhat greater than that
conferred on houses located
further inland. The trial judge
correctly held a N.J.R.E. 104
hearing to determine whether
plaintiff's proffered evidence
could establish a special benefit
or only a general benefit, and
properly barred plaintiff from
placing before the jury
evidence of general benefit. We declined
to disturb the verdict, which
was based on defendants' claim
that, by blocking their ocean view, the dune diminished
the value of their house. (*Approved for Publication date) 04-04-12
