EXHIBITD

SUPERIOR COURT OF NEW JERS~Y LAW DIVISION, CIVIL PART UNION COUNTY, NEW JERSEY DOCKET NO. UNN-L-140-08 A.D. NO.: ~
LEHIGH
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Plaintiff vs.
TOWNSHIP OF CRANFORD

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TRANSCRIPT

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OF
DIAL

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Defendant

Place: Union County Ccmrrh,...,,.,,,o Two Broad Street Elizaqeth, NP~ Jersey 07207 Date: August 3, 2010
BEFORE:

THE F~NORP~LE LISA F. CHRYSTAL, J.S.C.

TRANSCRIPT ORDERED BY:

CARL R. WOODWARD, III, ESQ. (Carella, Byrne, Sain, Gilfillan, Cecchi, Stewart & Olstein
APPEARANCES:

STEPHEN M. EISDORFER, ESQ., (Hill & Wallack, LLP) Attorney for the Plaintiff C~R~ R. ~CODWARD, III, ESQ. (Carella, Byrne, ~in, Gilfillan, C~cchi, Stewart & Olsteinl httv .... ror -cne Defendant ucy BRIAN H. FENLON, ESQ. (Carella, Byrne, Bain, Gilfillan, Cecchi, Stewart & Olstein) Attorney for the Defendant

LYNN COHEN-MOORE

UTOMATED TRANSCRlPIION SERVICES

r.o. Box 1582

lAurel Springs, New Jersey

(856) 184-4216

I N D B X

August 3, 2010

Direct WITNESS E. DIPPLE MICHAEL ay Mr. Woodward By Mr. Eisdorfer PETER HEKEMIAN By Mr. Eisdorfer 77 By Mr. Fenlon

Cross 3

Redirect

~erOSS

73 63

96 Ident. 14 3,4,68,69 18-20,22,25-28,41 25-29 Evid.

EXHIB~ 0-43 0-113 Mr. Creelman's pictures 0-150 Mr. Dipple's March 31, 2010 plan 0-162 ~163 0-164 ?-10C Survey P-15 Phase one and phase two env~ronmentdl study Addendum letter Analysis February 4, 2010 letter from Mr. Dipple

Photograph

24,4J,44

58 6,12,43-45 91
91 92 11

e-16 P-25 P-38

P-39 P-39A Mr. Dipple's drawing P-40 P-59 P-60 Photograph Photograph

30
25,28,. 29

15
85,86,97,99 85,87,97 88 88

P-61 P-62 P-63

Photograph Photograph

85,87,89 85,87 19,37

88 88

P-63A Mro Dipple's 16,17,19,20,22,45,49,80.97,117 July 30, 2010 concept plan P-64A Drawing P-150 Attachment report P-164 to March 31, 2010 35 19,29

58

Dipple

- Cross

COUNSEL: THE COURT: COUNSEL:

MICHAEL ON TIlE STAND: E

Good morning,

Your Honor.

2
3 4
5

Are we ready to proceed?

Yes, ma'am.
DIP P L E,
PLAIlft'IFF' S WI.TRESS,

6
7 8
9

T~E COURT:

Mr. Dipple, you are still under

oath, so you can proceed.

t-iR.

wOODWARD:

Thank

y('\11.

Your

lIonv.L.

CROSS-EXAMINATION

BY MR. 1IOODWAlU):

10 11 1~ 13 14 15 16 17

Mr. Dipple,

I showed you yeste~day

a letter

from Mr. Creelman mark~d

dated January exhibit well,

14, 2010 which has been Now I want to I

as defendant's

0-113.

direct your attention

first of all before I

show that to you, I want to ask you a question. think you stated yesterday you saw no evidence correct? when you visited

the site

of flooding.

Did I get that

18
19 20 21 22 23 24 25

Yes.

There

-- when I, on all occasions

that

I've

been to the site I didn't see any indication. the, the property was not flooded.

The,

There was no

ev.idence of, of flooding. quite

Q

The stream was actually

low at the times. In fact, it was never raining when you the site. It was actually
SEl~

visited A

No, it was.

raining
y A<;L.7'"

quite hard
... ~

AIlfOMATfIj TlANSCIIP110N

Dipple

- Cross

60

and I'd like you to circle rlrite on it Sheffield.

A

the Sheffield

property

and

2
3

Would you like me. to highlight approximately? If you could.

the property

4 5 6 7 8
9

~undary
Q

Okay. Q That'll be great. Thank you.

Sure.
0

Just the Shefield

and
th~n

property?

I'u 1LKe

you to do the same for the think it all. it -Oh, I didn't, I I'm soxxv ,

10 11 12 13

brownstone A

although

I don't I heard

Yeah, I think

didn't write Sheffield

Q

and Brown.

Oh. forgot to write that. Do you want me to write

14
15

Sheffield?
Q

16
17 18
10
:1\.

On the one.

Okay.
Q
:)"'Le.

If you would do that?

20
21 22 23 24

Thank you very much. MR. WOODWARD: I'm gonna show this ~o The

Court.

Well, actually

let me just ask another

question.

I'm gonna hold this up.

BY MR. WOODWARD:
Q

25

On the upper
AIIfOMATED

left hand

'JRAmeR1I1Tf"U

C.~ ~~
~r.

corner sort of
-

Dipple

- Cross

61

1 2
3
4

diagonally, A

could you point to Overpeck Creek?

overpeck Creek runs from the top of the photo toward the bottom oL the photo right here.

diagonally

It's straight.
Q

In the upper left hand corner.

6
7

In the upper left hand.

Q

Backwards. The upper le~t hand corner

8
9 10

A of

Sorry, I'm backwards.

t.hp
I"hl"'d~o-

Y~ilh.

11 12 13 14 15 16 17 18
10

Yeah.
Q

Thank you very much. Now do you know whether there's any

aifordable A

housing in these two projects?

No, I'm not aware.

Q

You don't know whether

there is or there is

not. A I, I don't, I don't,

Q fill.

I don't know what the --

rlgnt. those proper:ies are.

20

A
Q

what the rates of those, Okay.

21 22 23 24 25

Now I think y~sterday

you expressed

your professional

opinion that FHA flood, flood hazard for this Birchwood

area permits could be obtained Avenue property, A Yes. correct? Yes.

I'm confident.
AurOMATED
tlANSC~

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