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O'NEILL v. STATE HWY. DEPT.

50 N.J. 307 (1967)

235 A.2d 1

CATHERINE O'NEILL, INDIVIDUALLY AND AS EXECUTRIX AND TRUSTEE UNDER THE WILL OF JOHN I. O'NEILL, DECEASED, PLAINTIFF-RESPONDENT AND CROSS-APPELLANT, v. STATE HIGHWAY DEPARTMENT OF NEW JERSEY AND DWIGHT R.G. PALMER, COMMISSIONER OF THE STATE HIGHWAY DEPARTMENT OF NEW JERSEY, DEFENDANTS-APPELLANTS AND CROSS-RESPONDENTS. CATHERINE O'NEILL, INDIVIDUALLY AND AS EXECUTRIX AND TRUSTEE UNDER THE WILL OF JOHN I. O'NEILL, DECEASED, THIRD-PARTY PLAINTIFF-APPELLANT, v. LAWYERS TITLE INSURANCE CORPORATION, A VIRGINIA CORPORATION AUTHORIZED TO DO BUSINESS IN NEW JERSEY, THIRD-PARTY DEFENDANT-RESPONDENT.

The Supreme Court of New Jersey.

Reargued February 20 and 21, 1967.

Decided November 6, 1967.

Attorney(s) appearing for the Case

Mr. John C. Heavey, Jr., argued the cause for plaintiff-respondent and cross-appellant and third-party-plaintiff-appellant, Catherine O'Neill (Messrs. Carpenter, Bennett and Morrissey, attorneys).

Mr. Alfred A. Porro, Jr., argued the cause for New Jersey Meadowland Institute, Inc. and Inter-County Title Guaranty & Mortgage Co., amici curiae (Messrs. Porro, Sirotta, Robinson, Campo and Hollenbeck, attorneys).

Mr. James A. Major argued the cause for Reinauer Land Company, amicus curiae (Messrs. Major and Major, attorneys).

Mr. James L.R. Lafferty argued the cause for New Jersey Title Insurance Association, amicus curiae (Messrs. Steelman, Lafferty, Rowe and McMahon, attorneys).

Mr. Michael I. Sovern, of the New York bar, argued the cause for The Commission to Study Meadowland Development, amicus curiae (Messrs. Meyner and Wiley, attorneys).

Mr. Alan B. Handler, First Assistant Attorney General, and Mr. David A. Biederman, Deputy Attorney General, argued the cause for defendants-appellants and cross-respondents (Messrs. Avrom J. Gold and Michael C. Rudolph, Deputy Attorneys General, on the brief; Mr. Arthur J. Sills, Attorney General of New Jersey, attorney).

The opinion of the court was delivered by WEINTRAUB, C.J.

This case involves the ownership of lands along the Hackensack River in East Rutherford claimed by the State to be "tidelands" and as such to be its property. The trial court, sitting without a jury, found the property was tideland, but held the State was estopped to assert its title because of certain transactions between the defendant State Highway Department and plaintiff to which we will later refer. Involved...

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