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ROCKLAND ELEC. CO. v. BOLO CORP.

66 N.J. Super. 171 (1961)

168 A.2d 817

ROCKLAND ELECTRIC COMPANY, A NEW JERSEY CORPORATION, PLAINTIFF-APPELLANT, v. BOLO CORPORATION, A NEW JERSEY CORPORATION, FRANK BOGGIANO, SYLVIA BOGGIANO AND THE BOROUGH OF MONTVALE, A MUNICIPAL CORPORATION, IN THE COUNTY OF BERGEN, DEFENDANTS-RESPONDENTS.

Superior Court of New Jersey, Appellate Division.

Decided March 16, 1961.

Attorney(s) appearing for the Case

Mr. Walter W. Weber, Jr. argued the cause for appellant (Messrs. Weber, Muth and Weber, attorneys).

Mr. Ralph W. Chandless argued the cause for respondent Bolo Corporation (Messrs. Chandless, Weller and Kramer, attorneys).

Before Judges CONFORD, FREUND and KILKENNY.

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

This is a condemnation proceeding. The plaintiff, a privately owned public utility, acting pursuant to statute, condemned an easement across the defendant corporation's 42-acre tract of unimproved land in the Borough of Montvale, Bergen County, for purposes of erecting and maintaining a high-tension electric transmission line on poles. The easement was for a 100-foot width, on 50 feet of which there was already...

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