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BD. OF EDUCATION OF VINELAND v. ROSS

32 N.J. Super. 79 (1954)

107 A.2d 833

BOARD OF EDUCATION OF THE CITY OF VINELAND, PLAINTIFF, v. H.V. WILEY ROSS, H. WILEY ROSS, JR., AND NETTIE J. ROSS, ALSO KNOWN AS MALDONETTA J. ROSS, DEFENDANTS.

Superior Court of New Jersey, Law Division.

Decided September 15, 1954.

Attorney(s) appearing for the Case

Mr. Adolph Stern, attorney of Board of Education of the City of Vineland, for the motion.

Mr. David L. Horuvitz, attorney of H.V. Wiley Ross, H. Wiley Ross, Jr., and Nettie J. Ross, also known as Maldonetta J. Ross, opposed.

WOODS, J.S.C.

The owners remained in possession. The condemnors, other than to institute proceedings to condemn, did not interfere with owner's use between the date of filing of the petition and the final award.

An owner whose property is condemned is not entitled to interest on the award from the date of the filing of the petition if the condemning agency does not take possession until after award is made. Blaicher Holding Company v. Newark, 12

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