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MORRIS MAY REALTY CORP. v. BD., ETC., COUNTY OF MONMOUTH

18 N.J. 269 (1955)

113 A.2d 649

MORRIS MAY REALTY CORP., A CORPORATION OF NEW JERSEY, PLAINTIFF-RESPONDENT, v. THE BOARD OF CHOSEN FREEHOLDERS OF THE COUNTY OF MONMOUTH, A BODY POLITIC FUNCTIONING WITHIN SAID COUNTY AND STATE OF NEW JERSEY, AND JOSEPH C. IRWIN, VICTOR GROSSINGER, WALTER SHERMAN, ABRAHAM D. VOORHEES AND EARL WOOLLEY, DEFENDANTS-APPELLANTS. (consolidated with) COUNTY OF MONMOUTH, A MUNICIPAL CORPORATION OF THE STATE OF NEW JERSEY, PLAINTIFF-APPELLANT, v. MORRIS MAY REALTY CORP., A CORPORATION OF THE STATE OF NEW JERSEY, DEFENDANT-RESPONDENT.

The Supreme Court of New Jersey.

Decided April 25, 1955.

Attorney(s) appearing for the Case

Mr. Lawrence A. Carton, Jr., argued the cause for appellants (Messrs. Roberts, Pillsbury & Carton, attorneys).

Mr. Harry Green argued the cause for respondent.

The opinion of the court was delivered by WILLIAM J. BRENNAN, JR., J.

In 1923 the County of Monmouth constructed a concrete roadway across lands of the New York and Long Branch Railroad in the Borough of Little Silver under a written agreement providing for vacation and surrender of the property by the county on 60 days' notice. Morris May Realty Corp. acquired the lands from the railroad in 1952 and on May 7, 1952 gave the county notice to vacate. The county did...

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