Borough of Saddle River v. 66 East Allendale, L.L.C., A-126 September Term 2011; Supreme Court; opinion by LaVecchia, J.; dissent by Albin, J.; decided October 21, 2013. On certification to the Appellate Division, 424 N.J. Super. 516 (App. Div. 2012). [Sat below: Judges Rodriguez, Sabatino and Fasciale in the Appellate Division; Judge Polifroni in the Law Division.] DDS No. 26-1-1704 [59 pp.]
The court considers whether, in a trial on just compensation, it was proper to allow the jury to hear evidence on the likelihood of a zoning change without the trial court first determining outside of the jury’s presence that there was a reasonable probability of a zoning change.
