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BD. OF CHOSEN FREEHOLDERS, PASSAIC v. CIMORELLI

22 N.J. Super. 275 (1952)

91 A.2d 890

THE BOARD OF CHOSEN FREEHOLDERS OF THE COUNTY OF PASSAIC, A BODY POLITIC OF THE STATE OF NEW JERSEY, PLAINTIFF, v. SAMUEL CIMORELLI AND MARY CIMORELLI, HIS WIFE, GERALD MILLER, FRANCIS L. RHINESMITH AND LESTER K. ECKRICH, INDIVIDUALLY AND DOING BUSINESS UNDER THE FIRM NAME OF TWIN TOWN RADIO AND TELEVISION, DEFENDANTS.

Superior Court of New Jersey, Chancery Division.

Decided October 17, 1952.

Attorney(s) appearing for the Case

Mr. Peter Hofstra, attorney for plaintiff.

Mr. Colombo Cammarano, attorney for defendants Cimorelli.

Messrs. Slingland, Houman & Bernstein, attorneys for defendants Rhinesmith and Eckrich.

GRIMSHAW, J.S.C.

In this action the plaintiff seeks a mandatory injunction requiring the defendants to remove a portion of the building which it is alleged encroaches upon the public highway commonly known as the Paterson-Hamburgh Turnpike. The existence of the encroachment is denied by the defendants.

By chapter 193 of the Laws of 1806 the Legislature incorporated the "Paterson-Hamburgh Turnpike...

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