PALISADES PROPERTIES, INC. v. BRADY


79 N.J. Super. 327 (1963)

191 A.2d 501

PALISADES PROPERTIES, INC., A DELAWARE CORPORATION AUTHORIZED TO DO BUSINESS IN THE STATE OF NEW JERSEY, PLAINTIFF, v. GEORGE H. BRADY AND KATHERINE P. BRADY, HIS WIFE, JOSEPH J. BRUNETTI CONSTRUCTION CO., A CORPORATION OF THE STATE OF NEW JERSEY, BOROUGH OF FORT LEE, NEW JERSEY, A MUNICIPAL CORPORATION OF THE STATE OF NEW JERSEY, JERSEY PALISADES LAND COMPANY, A NEW JERSEY CORPORATION, PETRO KATKO AND MARY JAHOCK AND PALISADES INTERSTATE PARK COMMISSION, A BODY CORPORATE AND POLITIC ESTABLISHED BY COMPACT BETWEEN THE STATES OF NEW YORK AND NEW JERSEY, DEFENDANTS. SEALANTIC FUND, INC., A MEMBERSHIP CORPORATION OF THE STATE OF NEW YORK, PLAINTIFF, v. PALISADES PROPERTIES, INC., A DELAWARE CORPORATION, AND THE BOROUGH OF FORT LEE, NEW JERSEY, A MUNICIPAL CORPORATION OF THE STATE OF NEW JERSEY, DEFENDANTS.

Superior Court of New Jersey, Chancery Division.

Decided May 27, 1963.


Attorney(s) appearing for the Case

Messrs. Gassert, Murphy & Gassert for plaintiff Palisades Properties, Inc. (Messrs. O'Mara, Schumann, Davis & Lynch, by Mr. Joseph A. Davis, of counsel; James Dorment, Jr., on the brief).

Mr. William V. Breslin for defendant Borough of Fort Lee.

Mr. Arthur J. Sills, Attorney General of New Jersey (Mr. Robert B. Kroner, Deputy Attorney General, appearing), for defendant Palisades Interstate Park Commission.

Messrs. Shanley & Fisher (Mr. Bernard Shanley appearing), for plaintiff Sealantic Fund, Inc.


PASHMAN, J.S.C.

This consolidated action involves a dispute over the use of a tract of land which is located just south of the George Washington Bridge in the Borough of Fort Lee. Because of the complexities of the legal issues presented it is necessary, in limine, to relate in some detail the factual background which spawned the present controversy. The limited stipulation of facts agreed upon by the parties serves as a convenient beginning point in this regard...

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