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$1.1M for Condemnation

New Jersey Law Journal, May 6, 2002

Commissioner of Transportation v. St. Demetrios Co.: A company whose land was condemned by the state to make way for a Route 46 ramp has agreed to settle for $1.1 million, $500,000 more than was initially offered.

St. Demetrios – owned by four cousins from Greece who operate the Candlewick Diner in East Rutherford – bought the land in 1986, but its plans were thwarted when the company’s officers heard that the state wanted to widen Route 46.

In 1990, St. Demetrios received approval to build 28,000 square feet of commercial offices near Browerton Road in Totowa. With the threat of a condemnation action, however, construction never began. The Department of Transportation wanted to add access roads to Route 46 and planned to start its work on that project in fall of 2002. The department’s condemnation action, however, was not started until March 2001, says company lawyer William Ward of Carlin, Ward, Ash & Heiart LLC in Florham Park.

The state was represented by Deputy Attorney General H. Edward Gabler. Passaic County Superior Court Judge Joseph Scancarella approved the agreement in an April 26 consent order.

– By Jim Edwards

Vol. CLXVIII – No. 6 – Index 414
May 6, 2002

This article is reprinted with permission from the MAY 6, 2002 issue of the New Jersey Law Journal. ©2002 NLP IP Company. Further duplication without permission is prohibited. All rights reserved.