New Jersey Department of Transportation v. Barton Investment Associates

The opinion of the court was delivered by

LANDAU, J.A.D.

Defendant Barton Investment Associates (Barton) appeals from a Law Division order that denied its motion to withdraw $4,700 deposited in 1988 by plaintiff New Jersey Department of Transportation (DOT) as compensation after filing a Declaration of Taking for an easement over part of Barton’s then-owned property located in the Township of South Brunswick (Township). The appeal also encompasses denial of Barton’s motion for reconsideration.

Barton’s original motion was opposed by the DOT, which noted the Township’s possible interest in those…