Borough of Harvey Cedars v. Karan

The opinion of the court was delivered by

Reisner, J.A.D.

In this condemnation case, plaintiff Borough of Harvey Cedars appeals from trial court orders dated April 5, 2011, excluding certain evidence following a N.J.R.E. 104 hearing; April 11, 2011, entering a $375,000 judgment based on the jury’s verdict on valuation; and May 13, 2011, denying plaintiffs motion for a new trial.1

The central question on this appeal is whether public construction of an enormous oceanfront beach dune, for which plaintiff condemned an easement on defendants’ land, conferred a special benefit on defendants’ beach…