CITY OF EAST ORANGE v. PALMER


82 N.J. Super. 258 (1964)

197 A.2d 410

THE CITY OF EAST ORANGE, A MUNICIPAL CORPORATION OF NEW JERSEY, PLAINTIFF, v. DWIGHT R.G. PALMER, COMMISSIONER, STATE HIGHWAY DEPARTMENT, STATE OF NEW JERSEY, JOHN A. KERVICK, TREASURER, STATE OF NEW JERSEY, AND NEW JERSEY HIGHWAY AUTHORITY, A BODY POLITIC AND CORPORATE UNDER THE STATUTES OF NEW JERSEY, DEFENDANTS.

Superior Court of New Jersey, Chancery Division.

Decided February 1, 1964.


Attorney(s) appearing for the Case

Mr. William L. Brach, attorney for plaintiff (Mr. Norman E. Scull, appearing).

Mr. Arthur J. Sills, Attorney General, attorney for defendants Dwight R.G. Palmer and John A. Kervick (Mr. Thomas C. Mitchell, appearing).

Messrs. Pindar, McElroy, Connell & Foley, attorneys for defendant New Jersey Highway Authority (Mr. Adrian M. Foley, Jr., appearing).


HERBERT, J.S.C.

In East Orange the State Highway Department has commenced to acquire properties and demolish buildings as part of the East-West Freeway project. In connection with the same project the New Jersey Highway Authority is carrying on similar activities. This case arises out of those activities. The City of East Orange sues for relief in two forms: To enjoin the Highway Commissioner and the Authority from demolishing buildings without complying

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