STATE BY STATE HIGHWAY COMM'R v. FISHER


54 N.J. Super. 274 (1959)

148 A.2d 735

STATE OF NEW JERSEY, BY THE STATE HIGHWAY COMMISSIONER, PLAINTIFF-RESPONDENT, v. AUGUSTINE T. FISHER AND MADELINE H. FISHER, DEFENDANTS-APPELLANTS, AND BOROUGH OF TOTOWA, ETC., DEFENDANT.

Superior Court of New Jersey, Appellate Division.

Decided February 27, 1959.


Attorney(s) appearing for the Case

Mr. Victor Greenburg argued the cause for defendants-appellants (Messrs. Greenburg, Wilensky & Feinberg, attorneys).

Mr. David M. Satz, Jr., Deputy Attorney General, argued the cause for plaintiff-respondent (Mr. David D. Furman, Attorney General of New Jersey, attorney; Mr. Morton I. Greenberg, Legal Assistant, on the brief).

Before Judges PRICE, HALL and GAULKIN.


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

This is a condemnation case. The actual taking of the property for highway purposes occurred a considerable number of years before the institution of the condemnation action. After the award of the condemnation Commissioners, appellants, the owner of the property involved and his wife, sought, by petition and order to show cause in the Law Division, to compel the payment by the State of a "fair and equitable rate...

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