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BAILEY v. DRISCOLL

34 N.J. Super. 228 (1955)

112 A.2d 3

FREDERICK C. BAILEY, PLAINTIFF-APPELLANT, v. ALFRED E. DRISCOLL, GOVERNOR OF THE STATE OF NEW JERSEY, THEODORE D. PARSONS, ATTORNEY-GENERAL OF THE STATE OF NEW JERSEY, CHARLES R. ERDMAN, JR., COMMISSIONER OF CONSERVATION AND ECONOMIC DEVELOPMENT OF THE STATE OF NEW JERSEY, WAYNE D. McMURRAY, E.M. MADDOCK, WILLIAM C. COPE, H.L. DERBY, GRACE F. RUSSELL, FRANCIS V. LOWDEN AND J.C. CONKLIN, JR., MEMBERS OF THE COUNCIL OF THE DIVISION OF PLANNING AND DEVELOPMENT OF THE DEPARTMENT OF CONSERVATION AND ECONOMIC DEVELOPMENT OF THE STATE OF NEW JERSEY, AND CHARLES T. KLINE, JR., DEFENDANTS-RESPONDENTS.

Superior Court of New Jersey, Appellate Division.

Decided February 23, 1955.

Attorney(s) appearing for the Case

Mr. Chester Mueller argued the cause for the appellant.

Mr. Vincent A. Grasso argued the cause for the respondent Kline (Mr. William T. Hiering, attorney).

No brief was filed or argument made on behalf of the other respondents.

Before Judges JAYNE, STANTON and HALL.

The opinion of the court was delivered by HALL, J.S.C. (temporarily assigned).

The plaintiff appeals from a judgment of the Chancery Division denying him relief with respect to a grant of lands under tidewater to defendant Kline by the Department of Conservation and Economic Development of the State through the Council of the Division of Planning and Development thereof. There is involved an unusual physical situation...

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