STATE OF NEW JERSEY, BY THE DEPARTMENT OF ENVIRONMENTAL PROTECTION VS. 0.232 ACRES OF LAND IN THE BOROUGH OF POINT PLEASANT BEACH (L-0444-16, OCEAN COUNTY AND STATEWIDE) ( 2020 )

NOT FOR PUBLICATION WITHOUT THE APPROVAL OF THE APPELLATE DIVISION This opinion shall not "constitute precedent or be binding upon any court ." Although it is posted on the internet, this opinion is binding only on the parties in the case and its use in other cases is limited. R. 1:36-3. SUPERIOR COURT OF NEW JERSEY APPELLATE DIVISION DOCKET NO. A-3626-18T1 STATE OF NEW JERSEY, by the DEPARTMENT OF ENVIRONMENTAL PROTECTION, Plaintiff-Appellant, v. 0.232 ACRES OF LAND IN THE BOROUGH OF POINT PLEASANT BEACH, OCEAN COUNTY, NEW JERSEY; DENNIS LAPLANTE and CATHERINE LAPLANTE, husband and wife, fee owners, Defendants-Respondents, and M&T BANK CORPORATION (as successor to HUDSON CITY SAVINGS BANK), mortgagee; U.S. SMALL BUSINESS ADMINISTRATION, mortgagee, Defendants. Argued November 30, 2020 – Decided December 14, 2020 Before Judges Fasciale and Susswein. On appeal from the Superior Court of New Jersey, Law Division, Ocean County, Docket No. L-0444-16. Brian W. Keatts argued the cause for appellant (Rutter & Roy, LLP, attorneys; Brian W. Keatts and Heather N. Oehlmann, on the briefs). John H. Buonocore, Jr. argued the cause for respondents Dennis and Catherine LaPlante (McKirdy, Riskin, Olson & DellaPelle, PC, attorneys; John H. Buonocore, Jr., on the brief). PER CURIAM In this condemnation case, plaintiff appeals from a judgment entered after a jury trial awarding property owners, Denis and Catherine LaPlante (collectively defendants), $330,000 for an easement on their shorefront property, which the State had taken for purposes of constructing a protective sand dune. On Saturday, November 28, 2020, the parties settled their dispute and notified the court in writing. On November 30, 2020—at oral argument before us—counsel reiterated that the case settled and that the pending appeal has been withdrawn with prejudice. Therefore, this appeal is dismissed with prejudice and without costs. A-3626-18T1 2