Legal Opinion · Dissent

Borough of Saddle River v. 66 East Allendale, LLC (070525)

Supreme Court of New Jersey

Decided October 21, 2013No. A-126-11Published

1DissentJustice Albin

By ignoring the record, the majority overthrows a damages award rendered by a jury in a condemnation case after a ten-day trial. Although the majority and dissent have different opinions about this case, the majority is not entitled to its own facts. The majority’s decision cannot be reconciled with the record. Nor can it be reconciled with the deferential standard of review that cautions this Court against substituting its judgment for evidentiary rulings made by the trial court and factual determinations made by the jury.

The Borough of Saddle River (Borough) took property of 66 East…

2Cases cited9 opinions

  1. Henningsen v. Bloomfield Motors, Inc.Supreme Court of New Jersey · 1960
  2. Pomerantz Paper Corp. v. New Community Corp.Supreme Court of New Jersey · 2011
  3. Carey v. LovettSupreme Court of New Jersey · 1993
  4. Smart SMR of New York, Inc. v. Borough of Fair Lawn Board of AdjustmentSupreme Court of New Jersey · 1998
  5. STATE, HIGHWAY COMM'R v. GorgaSupreme Court of New Jersey · 1958

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