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MAYOR, ETC., ELIZABETH v. N.J. TURNPIKE AUTHORITY

7 N.J. Super. 540 (1950)

72 A.2d 399

THE MAYOR, THE CITY COUNCIL, THE BOARD OF PUBLIC WORKS OF THE CITY OF ELIZABETH, AND THE CITY OF ELIZABETH, A MUNICIPAL CORPORATION OF THE STATE OF NEW JERSEY, PLAINTIFFS, v. THE NEW JERSEY TURNPIKE AUTHORITY, A BODY CORPORATE AND POLITIC OF THE STATE OF NEW JERSEY, AND THE STATE OF NEW JERSEY, DEFENDANTS.

Superior Court of New Jersey, Chancery Division.

Decided March 24, 1950.

Attorney(s) appearing for the Case

Mr. Louis P. Longobardi (Mr. Raymond A. Leahy) for the plaintiffs.

Mr. Augustus C. Studer, Jr., and Mr. George W.C. McCarter for the defendant The New Jersey Turnpike Authority.

FREUND, J.S.C.

The City of Elizabeth seeks to restrain the New Jersey Turnpike Authority from proceeding with the construction of a contemplated turnpike along the so-called Fourth Street Route through said municipality, allegedly in violation of the plaintiff's constitutional rights. The defendant has moved for dismissal of the complaint on the ground that it fails to set forth a cause of action upon which relief can be granted. Rule 3:12-2(5).

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