State v. Hess Realty Corp.

The judgment is affirmed, substantially for the reasons set forth in the majority opinion of the Appellate Division, 226 N.J.Super. 256 (1988). The issue on the appeal, as circumscribed by the dissent below, is whether the condemnation award included any compensation to the franchisor “based upon any loss of the business opportunity or goodwill” within the meaning of the Federal Petroleum Marketing Practices Act, 15 U.S.C.A. § 2802(d)(1); and if so, whether the waiver clause should be stricken as unconscionable.

Although the question of the franchise-holder’s waiver of any right to participate…