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FIELDING v. BD. OF EDUC. OF CITY OF PATERSON

39 N.J. 85 (1963)

187 A.2d 599

GLADYS FIELDING, ET AL., PLAINTIFFS-APPELLANTS, v. THE BOARD OF EDUCATION OF THE CITY OF PATERSON AND THE MAYOR AND ALDERMEN OF THE CITY OF PATERSON, DEFENDANTS-RESPONDENTS.

The Supreme Court of New Jersey.

Decided January 21, 1963.

Attorney(s) appearing for the Case

Mr. David W. Hanis argued the cause for plaintiffs-appellants.

Mr. Theodore D. Rosenberg, City Counsel, argued the cause for defendants-respondents, The City of Paterson and the Mayor and Aldermen of the City of Paterson.

Mr. Harold D. Green argued the cause for defendant-respondent, The Board of Education of the City of Paterson.

PER CURIAM.

We affirm on the opinion of Judge Collester reported in 76 N.J.Super. 50 (Ch. Div. 1962) except we find it unnecessary to pass upon the issue of laches.

We note that the records of the then Governor, filed in the State Bureau of Archives and History, reveal that Chapter 305, Laws of 1947 which added to R.S. 40:60-39 the provision that: "A prior dedication or use for park purposes...

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