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WEEHAWKEN TP. v. ERIE RAILROAD CO.

20 N.J. 572 (1956)

120 A.2d 593

TOWNSHIP OF WEEHAWKEN, PLAINTIFF-RESPONDENT, v. ERIE RAILROAD COMPANY, THE FIRST NATIONAL BANK OF THE CITY OF NEW YORK, TRUSTEE, ET AL., DEFENDANTS-APPELLANTS.

The Supreme Court of New Jersey.

Reargued January 23, 1956.

Decided February 13, 1956.

Attorney(s) appearing for the Case

Mr. Raymond J. Lamb argued the cause for the defendants-appellants (Messrs. Emory, Langan & Lamb, attorneys for all defendants-appellants other than Lincoln Parking, Inc.; Messrs. Platoff, Platoff & Heftler, attorneys for defendant-appellant, Lincoln Parking, Inc.).

Mr. James Rosen argued the cause for the plaintiff-respondent (Messrs. Milmed & Rosen, attorneys).

The opinion of the court was delivered by BURLING, J.

The Township of Weehawken instituted condemnation proceedings in the Superior Court, Law Division against certain land owned by the Erie Railroad Company. Erie, and other defendants who have leasehold and mortgage interests in the property, challenged Weehawken's right to condemn by responding to an order to show cause. Following entry of an interlocutory judgment favoring...

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