Motion-Secondary: Borough Of Carteret Vs Syed Asim

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                                MID-L-002925-24 05/16/2024 3:15:18 PM Pg 1 of 4 Trans ID: LCV20241249124




MCMANIMON SCOTLAND & BAUMANN, LLC
Kevin P. McManimon – ID No. 023351996
Jessica CM Almeida – ID No. 058132013
75 Livingston Avenue
Roseland, New Jersey 07068
(973)622-1800
Attorneys for Plaintiff Borough of Carteret

                                         SUPERIOR COURT OF NEW JERSEY
BOROUGH OF CARTERET,                     MIDDLESEX COUNTY – LAW DIVISION

                  Plaintiff(s),          DOCKET NO. MID-L-

            vs.
                                                       CIVIL ACTION
ASIM HUSSAIN SYED, ZAMIR HUSSAIN
SYED, AMJID HUSSAIN SYED, and ICC           ORDER FOR JUDGMENT AND
MORTGAGE SERVICES,                         APPOINTING COMMISSIONERS

          Defendant(s).




     THIS MATTER coming on to be heard on Verified Complaint and Order

to Show Cause for entry of judgment and appointing commissioners, upon

application of McManimon, Scotland & Baumann, LLC, counsel for Plaintiff,

and no reason appearing to the contrary,

     It is on this _______ day of __________________, 2024;
ORDERED AND ADJUDGED THAT:
     1.    A final judgment is hereby entered that the Borough of Carteret is

authorized to and has duly exercised its power of eminent domain as to the

property and rights described and depicted in the Verified Complaint.

     2.                                         of
             Presiding Commissioner        (Address)
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                                                      _____________________
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three disinterested residents of the County of Middlesex and State of New

Jersey, be and they are hereby appointed commissioners to examine the land
and premises set forth in the Verified Complaint of Plaintiff, the Borough of

Carteret, for public use for purposes as stated therein, and to fix the

compensation to be paid for the rights and interests acquired under the

Declaration of Taking, including damage, if any, to any remaining property,


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resulting from the taking, as of the appropriate date, and to do whatever else

the said commissioners are by law authorized or required to do.

         3. The said commissioners or the attorney for the Plaintiff shall cause

the parties to this action to be given ten (10) days’ notice in writing of the time
and place, when and where they will meet and proceed to execute their duties

under this appointment by serving said notice pursuant to Rule 1:5; provided,

however, that service upon defendants whose whereabouts are unknown shall

be made in the same manner as prescribed in the original Order to Show Cause

in this action.

         4. Said commissioners shall file their report with the Superior Court on

or before the _______ day of _____________________, 2024.

         5. In accordance with the reservations made by Plaintiff in Paragraphs

7 and 8 of the Verified Complaint relating to issues of contamination,
hazardous materials or solid waste existing as of or prior to the date of vesting

of title and possession pursuant to N.J.S.A. 20:3-19, Plaintiff may raise any

such claims, or any other claims relating thereto, without being barred by the

principles of res judicata, collateral estoppel and/or the Entire Controversy

Doctrine. The Court reserves as to the merits of such claims. Defendants shall

also retain the right to assert any and all defenses, when and if such claims

are raised, except for the defenses of res judicata, collateral estoppel and/or

the     Entire         Controversy   Doctrine   premised   upon   this   condemnation

proceeding.

         6.       Failure to appear at the commissioner’s hearing, personally or

through counsel, will preclude appeal from the report of the commissioners,
which will then become final.


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         7. Plaintiff shall serve a copy of this Order upon the owner of record and

all parties appearing in the action and upon the Commissioners herein
appointed within _____ days of receipt of a filed copy of this final judgment.




                                          _______________________________


Form of Order was:


         Opposed


         Unopposed




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