This litigation presents a question of first impression in New Jersey regarding the scope of condemnation proceedings, specifically, whether a cause of action from a contractor’s negligence on previously condemned land may be joined in the condemnation action or, alternatively, whether such tort is better considered in a separate lawsuit.
Due to the limited scope of summary condemnation proceedings, the court concluded that post-taking property torts should proceed in a separate litigation, safe from the preclusive effect of the entire controversy doctrine.