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STATE BY STATE HIGHWAY COMM'R v. GORGA

54 N.J. Super. 520 (1959)

149 A.2d 266

STATE OF NEW JERSEY, BY THE STATE HIGHWAY COMMISSIONER, PLAINTIFF-RESPONDENT, v. FIORE GORGA AND GLORIA GORGA, DEFENDANTS-APPELLANTS.

Superior Court of New Jersey, Appellate Division.

Decided March 19, 1959.

Attorney(s) appearing for the Case

Mr. Ervan F. Kushner argued the cause for defendants-appellants (Messrs. Kushner & Kleiner, attorneys).

Mr. William J. McCormack, Deputy Attorney General, argued the cause for plaintiff-respondent (Mr. David D. Furman, Attorney General of New Jersey, attorney; Mr. Stephen F. Lichtenstein, Deputy Attorney General, on the brief).

Before Judges GOLDMANN, FREUND and CONFORD.

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

On January 27, 1956 the State Highway Commissioner filed a complaint under the Eminent Domain Act, N.J.S.A. 20:1-1 et seq., for the condemnation of 8,971 square feet of the defendants' 39,247 square feet of property in Fair Lawn. The State also acquired about 1,405 square feet of slope easement for the support of its new construction, conditionally...

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