Township of Manalapan v. Genovese

The opinion of the court was delivered by

KING, J.A.D.

This is an appeal from a denial of severance damages in a condemnation proceeding. By summary judgment, Judge She-bell ruled against appellants. We conclude that he was correct. There were no material issues of fact; we decline appellants’ invitation to innovate the law of condemnation. Appellants fail to persuade us that they conform to the requisites of unity of use and ownership required by Supreme Court precedent. Newark Housing Auth. v. Norfolk Realty Co., 71 N.J. 314, 325 (1976).

These facts are pertinent. Appellant ED & Y Realty Co.,…