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MUELLER v. N.J. HIGHWAY AUTHORITY

59 N.J. Super. 583 (1960)

158 A.2d 343

ERWIN MUELLER AND HEDWIG MUELLER, HIS WIFE, PLAINTIFFS-APPELLANTS, v. NEW JERSEY HIGHWAY AUTHORITY, A CORPORATION OF NEW JERSEY, AND DWIGHT R.G. PALMER, COMMISSIONER OF THE STATE HIGHWAY DEPARTMENT OF THE STATE OF NEW JERSEY, DEFENDANTS-RESPONDENTS.

Superior Court of New Jersey, Appellate Division.

Decided February 23, 1960.

Attorney(s) appearing for the Case

Mr. Ralph W. Chandless argued the cause for plaintiffs-appellants (Messrs. Chandless, Weller & Kramer, attorneys).

Mr. Theodore W. Geiser argued the cause for defendant-respondent New Jersey Highway Authority, a corporation of New Jersey (Messrs. Shaw, Pindar, McElroy, Connell & Foley, attorneys; Mr. John J. McLaughlin on the brief).

Mr. William L. Boyan, Deputy Attorney General, argued the cause for defendant-respondent Dwight R.G. Palmer, Commissioner of the State Highway Department of the State of New Jersey (Mr. David D. Furman, Attorney General, attorney).

Before Judges GOLDMANN, CONFORD and FREUND.

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

Plaintiffs Erwin Mueller and his wife, Hedwig, appeal from a judgment of dismissal entered on motion of the defendants at the close of plaintiffs' case. The action is one in lieu of prerogative writs in which plaintiffs seek either an order requiring the defendants, the New Jersey Highway Authority (hereinafter "Parkway Authority") and the State Highway Department, to condemn in an appropriate

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