HESTER v. MILLER


8 N.J. 81 (1951)

83 A.2d 773

JAMES A. HESTER, PLAINTIFF-RESPONDENT, v. SPENCER MILLER, JR., INDIVIDUALLY AND AS STATE HIGHWAY COMMISSIONER, AND RANSFORD J. ABBOTT, AS STATE HIGHWAY COMMISSIONER, DEFENDANTS-APPELLANTS.

The Supreme Court of New Jersey.

Decided October 22, 1951.


Attorney(s) appearing for the Case

Mr. George H. Bohlinger, Jr., argued the cause for the plaintiff.

Mr. Frank A. Mathews, Jr., Deputy Attorney-General, argued the cause for the defendants (Mr. Theodore D. Parsons, Attorney-General, attorney; Mr. Sackett M. Dickinson, Assistant Deputy Attorney-General, on the brief).


The opinion of the court was delivered by OLIPHANT, J.

This appeal is from a judgment of the Superior Court, Law Division, certified here on our own motion. It involves the seizure and attempted condemnation, for use as a nursery and for the possible erection of service buildings thereon, of the plaintiff's lands by a former State Highway Commissioner.

After the condemnation proceedings had been instituted and commissioners appointed, plaintiff began an action...

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