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UNION CTY. BD. OF FREEHOLDERS v. UNION CTY. PARK

77 N.J. Super. 425 (1962)

186 A.2d 703

UNION COUNTY BOARD OF CHOSEN FREEHOLDERS, A BODY POLITIC OF THE STATE OF NEW JERSEY, PLAINTIFF, v. THE UNION COUNTY PARK COMMISSION, A BODY POLITIC OF THE COUNTY OF UNION, DEFENDANT.

Superior Court of New Jersey, Law Division.

Decided December 7, 1962.

Attorney(s) appearing for the Case

Mr. Leo Kaplowitz, County Attorney, for plaintiff (Mr. H. Lee Sarokin on the brief).

Mr. Frederick C. Kentz, Jr., for defendant (Messrs. Kentz, Kentz and Gilson, attorneys).

FELLER, J.S.C.

This is an action for a declaratory judgment wherein the Union County Board of Chosen Freeholders (hereinafter called board of freeholders) seeks to determine its right to $150,000 held by the Union County Park Commission (hereinafter called park commission) as a result of the sale of park lands held by the park commission. Plaintiff now moves for summary judgment.

A review of the pleadings and the oral arguments indicates that the plaintiff...

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