New Jersey Transit Corp. v. Cat in Hat, LLC

The opinion of the Court was delivered by

LONG, J.

In these consolidated condemnation cases, we are called on to determine whether a trial court may enter an order in an eminent domain proceeding that preserves a governmental condemnor’s ability to bring a separate cost-recovery action against a condemnee for cleanup of contamination and if so, whether that order also may bar the condemnee from later raising the preclusionary defenses of res judicata, collateral estoppel and the entire controversy doctrine. In light of our decision today in Housing Auth. of City of New Brunswick v. Suydam…