City of Trenton v. 222 West Associates Fund

The opinion of the Court was delivered by

AXELRAD, J.T.C. (temporarily assigned).

In this condemnation action, the property owner, 222 West Associates (“222 West”), appeals from the granting of summary judgment to plaintiff, the City of Trenton (“City”), valuing the property with a four and one-half story height limitation rather than the nine-story height contained in the preliminary approval.

The subject property, which contains a structure known as the Roebling Mansion, is located at 222 West State Street in Trenton. On September 19,1985, the City passed ordinance 85-108, approving the…