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BOARD OF EDUCATION OF TOWN OF MORRISTOWN v. PALMER

46 N.J. 522 (1966)

218 A.2d 153

BOARD OF EDUCATION OF THE TOWN OF MORRISTOWN, ETC., PLAINTIFF-RESPONDENT, v. DWIGHT R.G. PALMER, COMMISSIONER, STATE HIGHWAY DEPARTMENT, ETC., ET AL., DEFENDANTS-APPELLANTS.

The Supreme Court of New Jersey.

Argued February 21, 1966.

Decided March 21, 1966.

Attorney(s) appearing for the Case

Mr. William J. McCormack, Deputy Attorney General, argued the cause for defendant-appellant Dwight R.G. Palmer, Commissioner, State Highway Department, State of New Jersey (Mr. Edward D. McKirdy, Deputy Attorney General, on the brief; Mr. Arthur J. Sills, Attorney General of New Jersey, attorney).

Mr. Theodore W. Geiser, argued the cause for defendant-appellant New Jersey Highway Authority (Miss Sonia Napolitano, on the brief; Messrs. Pindar, McElroy, Connell & Foley, attorneys).

Mr. Clive S. Cummis argued the cause for plaintiff-respondent (Messrs. Michael B. Tischman and Steven S. Radin, on the brief).

The opinion of the court was delivered

PER CURIAM.

The State Highway Department is engaged in constructing Interstate Highway Route 287, a wide, high speed, limited access super-highway, part of which is to run through the Town of Morristown, New Jersey. A section of the highway and an interchange or ramp system to be connected with it are to be constructed in close proximity to the George Washington Elementary School in the town. None of the work in the vicinity...

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