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CITY OF BAYONNE v. PALMER

90 N.J. Super. 245 (1966)

217 A.2d 141

CITY OF BAYONNE, A MUNICIPAL CORPORATION OF NEW JERSEY, AND MICHAEL F. BONNER, PLAINTIFFS, v. DWIGHT R.G. PALMER, COMMISSIONER OF THE STATE HIGHWAY DEPARTMENT OF NEW JERSEY; CENTRAL RAILROAD COMPANY OF NEW JERSEY, A CORPORATION OF NEW JERSEY; LEHIGH VALLEY RAILROAD, A CORPORATION OF PENNSYLVANIA; PENNSYLVANIA RAILROAD COMPANY, A CORPORATION OF PENNSYLVANIA; JOHN A. KERVICK, TREASURER OF THE STATE OF NEW JERSEY; BOARD OF PUBLIC UTILITY COMMISSIONERS OF THE STATE OF NEW JERSEY, AN AGENCY OF THE STATE OF NEW JERSEY; AND ARTHUR J. SILLS, ATTORNEY GENERAL OF THE STATE OF NEW JERSEY, DEFENDANTS. TOWNSHIP OF HILLSIDE, IN THE COUNTY OF UNION, A MUNICIPAL CORPORATION, ANTHONY TITTEL, ROSEMARY TITTEL, SIDNEY KLEIMAN AND LENA KLEIMAN, PLAINTIFFS, v. JOHN A. KERVICK, TREASURER OF THE STATE OF NEW JERSEY; DWIGHT R.G. PALMER, COMMISSIONER OF THE STATE HIGHWAY DEPARTMENT; CENTRAL RAILROAD COMPANY OF NEW JERSEY, A NEW JERSEY CORPORATION; LEHIGH VALLEY RAILROAD, A PENNSYLVANIA CORPORATION; PENNSYLVANIA RAILROAD COMPANY, A CORPORATION OF PENNSYLVANIA, DEFENDANTS.

Superior Court of New Jersey, Chancery Division.

Decided February 4, 1966.

Attorney(s) appearing for the Case

Mr. Joseph Harrison and Mr. Joseph M. Jacobs for plaintiffs City of Bayonne and Michael Bonner, (Messrs. Harrison and Jacobs, attorneys).

Mr. A. Howard Finkel for plaintiffs Township of Hillside, Anthony Tittel, Rosemary Tittel, Sidney Kleiman and Lena Kleiman.

Mr. Alan B. Handler, First Assistant Attorney General, for defendants Dwight R.G. Palmer, John A. Kervick, Board of Public Utility Commissioners and Arthur J. Sills, Attorney General, (Mr. Arthur J. Sills, Attorney General, attorney).

Mr. Stephen B. Wiley for defendants Central Railroad Company of New Jersey, Pennsylvania Railroad Company and Lehigh Valley Railroad, (Mr. Edwin C. Landis, Jr., Mr. G. Douglas Hofe, Jr., and Mr. John B.M. Frohling on the brief; Messrs. Meyner and Wiley, attorneys).

MATTHEWS, J.S.C.

This is a consolidation of two essentially similar civil actions. One was instituted by the City of Bayonne and a resident and taxpayer of the city. The other was instituted by the Township of Hillside and four resident property owners and taxpayers thereof. The actions have been consolidated. The two actions generally question the constitutionality of two acts of the Legislature and the validity of certain contracts between the defendant Commissioner...

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