Commissioner of Transportation v. Marlton Plaza Associates, A-2164-10T4; Appellate Division; opinion by Parrillo, P.J.A.D.; decided and approved for publication June 8, 2012. Before Judges Parrillo, Skillman and Hoffman. On appeal from the Law Division, Burlington County, L-2388-07. DDS No. 44-2-6546 [40 pp.]
Pursuant to its authority under the State Highway Access Management Act, N.J.S.A. 27:7-89 to -98, the State Department of Transportation closed one of several access driveways leading into defendants’ shopping center as part of a project to eliminate the traffic circle created by the confluence of Routes 70 and 73 in Evesham Township. Later, in an eminent domain proceeding, it condemned a small strip of land, a slope easement and a temporary work area within the shopping center in the vicinity of the former driveway.
