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LINDEL REALTY COMPANY v. MILLER

4 N.J. Super. 37 (1949)

66 A.2d 539

LINDEL REALTY COMPANY, PLAINTIFF-RESPONDENT, v. LOUISE MILLER, AND ANOTHER, DEFENDANTS-APPELLANTS.

Superior Court of New Jersey, Appellate Division.

Decided June 2, 1949.

Attorney(s) appearing for the Case

Mr. Henry F. Stockwell (Messrs. Bleakly, Stockwell & Zink, attorneys) argued the cause for the plaintiff-respondent.

Mr. David F. Greenberg argued the cause for the defendants-appellants.

Before Judges JACOBS, EASTWOOD and BIGELOW.

The opinion of the court was delivered by BIGELOW, J.A.D.

This is a conflict between adjacent land owners over access to a state highway. The paved part of the highway is separated from the properties in question by a strip of land 16 feet wide which, although not presently used either as a roadway or as a sidewalk, is a part of the highway and owned by the State in fee. The defendants, who operate a gasoline filling station on their property, constructed a concrete...

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