Supreme Court of New Jersey
Township of Manalapan v. Anthony Gentile (083137)(Monmouth County & Statewide)
June 2, 2020
Summary
The New Jersey Supreme Court reversed the Appellate Division and remanded, holding that the trial court erred by allowing jury consideration of variance‑based valuation testimony without first conducting a Rule 104 hearing to determine a reasonable probability that the variance would be granted. The Court reaffirmed the gatekeeping rule from Borough of Saddle River v. 66 East Allendale and instructed the lower court to make the required finding before such evidence may be admitted.