STATE v. BROWNS, INC.


18 N.J. Super. 327 (1952)

87 A.2d 54

STATE OF NEW JERSEY, PLAINTIFF, v. BROWNS, INCORPORATED, A CORPORATION, ETC.; COSTA REALTY COMPANY, A CORPORATION, ETC.; AND THE BOROUGH OF LODI, IN THE COUNTY OF BERGEN, A MUNICIPAL CORPORATION, ETC., JOINTLY, SEVERALLY AND IN THE AFFIRMATIVE, DEFENDANTS.

Superior Court of New Jersey, Chancery Division.

Decided March 7, 1952.


Attorney(s) appearing for the Case

Mr. Theodore D. Parsons, Attorney-General of New Jersey (Mr. Frank A. Mathews, Jr., Deputy Attorney-General, appearing).

Messrs. DiMaria & DiMaria, attorneys for defendant Costa Realty Company.

Mr. Warren Dixon, Jr., attorney for defendant Browns, Inc.

Mr. Frank P. Carbonetti, attorney for defendant Borough of Lodi.


GRIMSHAW, J.S.C.

On April 1, 1936, for part of the right of way of Route 6 in Bergen County, the State purchased from the Millbank Realty Corporation a tract of land in the Borough of Lodi. In addition to the property conveyed there was also granted to the State:

"* * * the right to lay, construct, maintain, use, repair, renew and operate sub-surface drains and a concrete headwall on lands of the grantor herein outside the Highway right of way as may be required...

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