HESTER v. MILLER


11 N.J. Super. 264 (1951)

78 A.2d 322

JAMES A. HESTER, PLAINTIFF, v. SPENCER MILLER, JR., INDIVIDUALLY AND AS STATE HIGHWAY COMMISSIONER, DEFENDANT.

Superior Court of New Jersey, Law Division.

Decided January 20, 1951.


Attorney(s) appearing for the Case

Mr. George H. Bohlinger, Jr., attorney for the plaintiff.

Mr. Theodore D. Parsons, Attorney General of New Jersey (Mr. Sackett M. Dickinson, Assistant Deputy Attorney General, appearing), attorney for the defendant.


SMALLEY, J.S.C.

This matter comes on before this court on a stipulation of facts, the affidavit of the Acting State Highway Engineer and the correspondence between the parties, attached to and made a part of the stipulation.

The question raised relates to the power of the State Highway Commissioner to acquire lands for purposes other than those mentioned with particularity in the provisions of the Highway Act, and is in lieu of prerogative writ.

The...

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