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CITY OF PASSAIC v. STATE

33 N.J. Super. 37 (1954)

109 A.2d 294

CITY OF PASSAIC, A MUNICIPAL CORPORATION OF THE STATE OF NEW JERSEY, PLAINTIFF-APPELLANT, v. STATE OF NEW JERSEY, BY THE COMMISSIONER OF CONSERVATION AND ECONOMIC DEVELOPMENT, DEFENDANT-RESPONDENT.

Superior Court of New Jersey, Appellate Division.

Decided November 22, 1954.

Attorney(s) appearing for the Case

Mr. William N. Gurtman argued the cause for plaintiff-appellant.

Mr. Thomas P. Cook, Deputy Attorney-General, argued the cause for defendant-respondent (Mr. Grover C. Richman, Jr., Attorney-General of New Jersey).

Before Judges CLAPP, JAYNE and FRANCIS.

The opinion of the court was delivered by CLAPP, S.J.A.D.

The State of New Jersey in 1916 conveyed to the City of Passaic certain lands formerly under water, granting to it an estate upon condition. By this appeal a single question is presented, whether — as was held below — the use of a portion of these lands for a housing project violates that condition.

This is the condition, with pertinent portions italicized:

"Provided, that the...

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