THE COUNTY OF SUSSEX v. MERRILL LYNCH, PIERCE, FENNER &

This case can also be found at 351 N.J. Super. 1, 796 A.2d 913.
 

NOT FOR PUBLICATION WITHOUT THE
 
APPROVAL OF THE APPELLATE DIVISION
 
 

SUPERIOR COURT OF NEW JERSEY
APPELLATE DIVISION
DOCKET NO. A-5468-00T5

THE COUNTY OF SUSSEX,

Plaintiff-Respondent,

v.

MERRILL LYNCH, PIERCE, FENNER &
SMITH, INCORPORATED,

Defendant-Appellant.
_________________________________

Argued: April 15, 2002 - Decided: May 7, 2002
 
Before Judges Kestin, Steinberg and Alley.
 
On appeal from Superior Court of New Jersey Law Division, Sussex County, SSX-L-191-01.
 
Greenbaum, Rowe, Smith, Ravin, Davis & Himmel, attorneys for appellant (Dean A. Gaver, of counsel and, with Steven Firkser, on the brief).
 
McConnell, Lenard & Griggs, attorneys for respondent (Dennis R. McConnell, of counsel and, with Robert B. Campbell, on the brief).
 
The opinion of the Court was delivered by
KESTIN, J.A.D.
Defendant appeals from the trial court's order for judgment and appointing commissioners. The single issue raised is that "[t]he condemnation action should be dismissed as a result of the county's breach of its contractual commitments and violation of its duty of good faith in exercising its powers of eminent domain."

We have reviewed the record in the light of the written and oral arguments advanced by the parties and, after evaluating the issues in the context of prevailing rules of law, we are in substantial agreement with the reasons for decision articulated by Judge Stanton in his written opinion of June 4, 2001, reported at ______ N.J. Super. _______ (Law. Div. 2001).
Affirmed.