After a jury trial, the Township of Manalapan appealed a condemnation award. The issue on appeal was whether the trial court erred when it admitted testimony that the condemned property’s highest and best use would require a variance without first determining whether there is a reasonable probability the variance would be granted. The Appellate Division held that the trial court erred by allowing the jury to consider testimony that the highest and best use of the subject property would require a variance without first confirming the probability of securing that variance.
