STATE v. BD. OF CHOSEN FREEHOLDERS OF BERGEN COUNTY


38 N.J. 33 (1962)

183 A.2d 8

STATE OF NEW JERSEY, BY THE STATE HIGHWAY COMMISSIONER, PLAINTIFF-RESPONDENT, v. BOARD OF CHOSEN FREEHOLDERS OF BERGEN COUNTY, DEFENDANT-APPELLANT, AND CITY OF HACKENSACK, DEFENDANT-RESPONDENT.

The Supreme Court of New Jersey.

Decided June 29, 1962.


Attorney(s) appearing for the Case

Mr. Milton T. Lasher, Bergen County Counsel, argued the cause for the defendant-appellant.

Mr. Theodore I. Botter, Assistant Attorney General, argued the cause for the plaintiff-respondent (Mr. Arthur J. Sills, Attorney General, attorney; Mr. William J. McCormack, Deputy Attorney General, of counsel and on the brief).


The opinion of the court was delivered by JACOBS, J.

The defendant Board of Chosen Freeholders of Bergen County appealed from a judgment entered in the Chancery Division in favor of the plaintiff State of New Jersey. We certified the appeal while it was pending in the Appellate Division. See R.R. 1:10-1(a).

Pursuant to lawful authority, the State Highway Department undertook the construction of Route 80, Section 5 as part of the Federal Interstate...

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