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STATE v. COOPER

24 N.J. 261 (1957)

131 A.2d 756

STATE OF NEW JERSEY, BY THE STATE HIGHWAY COMMISSIONER, PLAINTIFF-RESPONDENT, v. AUBURN F. COOPER, SURVIVING TRUSTEE UNDER THE LAST WILL AND TESTAMENT OF SARAH E. EDREHI, DECEASED; JOSEPH CUMMINS; AUBURN F. COOPER, INDIVIDUALLY AND AS SURVIVING EXECUTOR UNDER THE LAST WILL AND TESTAMENT OF SARAH E. EDREHI, DECEASED; MARY FRANCES KNOWLES; ALBERTINA COOPER; MARION P. DEBUS; FREDERICK DEBUS; ABIGAIL COOPER; BOROUGH OF FORT LEE, IN THE COUNTY OF BERGEN, A MUNICIPAL CORPORATION OF NEW JERSEY, DEFENDANTS-APPELLANTS.

The Supreme Court of New Jersey.

Decided May 6, 1957.

Attorney(s) appearing for the Case

Mr. John B. O'Neil argued the cause for defendant-appellant Joseph Cummins (Messrs. Milton, McNulty & Augelli, attorneys; Mr. Charles J. Milton, of counsel).

Mr. William V. Breslin argued the cause for defendants-appellants Auburn F. Cooper, et al.

Mr. Gerald E. Monaghan argued the cause for defendant-appellant Borough of Fort Lee, etc. (Messrs. Leyden and Monaghan, attorneys).

Mr. David D. Furman, Deputy Attorney-General, argued the cause for the plaintiff-respondent (Mr. Grover C. Richman, Jr., Attorney-General of New Jersey, attorney).

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

The Law Division rendered a declaratory judgment in which it determined that the defendant Borough of Fort Lee was entitled to no compensation whatever and that the individual defendants were entitled to only nominal compensation by reason of the State Highway Commissioner's taking of the lands described in the complaint. The defendants appealed to the Appellate Division and we certified on our own motion.

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