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County of Sussex v. Merrill Lynch

New Jersey Superior Court, Appellate Division


May 07, 2002

THE COUNTY OF SUSSEX, PLAINTIFF-RESPONDENT,
v.
MERRILL LYNCH, PIERCE, FENNER & SMITH, INCORPORATED, DEFENDANT-APPELLANT.

On appeal from Superior Court of New Jersey Law Division, Sussex County, SSX-L-191-01.

Before Judges Kestin, Steinberg and Alley.

The opinion of the court was delivered by: Kestin, J.A.D.

NOT FOR PUBLICATION WITHOUT THE APPROVAL OF THE APPELLATE DIVISION

Argued: April 15, 2002

Defendant appeals from the trial court's order for judgment and appointing commissioners. The single issue raised is that "[t]he condemnation action should be dismissed as a result of the county's breach of its contractual commitments and violation of its duty of good faith in exercising its powers of eminent domain."

We have reviewed the record in the light of the written and oral arguments advanced by the parties and, after evaluating the issues in the context of prevailing rules of law, we are in substantial agreement with the reasons for decision articulated by Judge Stanton in his written opinion of June 4, 2001, reported at ______ N.J. Super. _______ (Law. Div. 2001).

Affirmed.

20020507


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