PFLEGER v. DEPT. OF TRANSP.


98 N.J. Super. 386 (1967)

237 A.2d 505

ROBERT PFLEGER AND MADELINE PFLEGER, PLAINTIFFS, v. DEPARTMENT OF TRANSPORTATION FORMERLY THE STATE HIGHWAY DEPARTMENT, STATE OF NEW JERSEY, MANZO CONTRACTING CO., A CORPORATION OF NEW JERSEY, PETER JANNERONE, RESIDENT ENGINEER, JOSEPH W. ERTLE, DISTRICT ENGINEER, DEFENDANTS.

Superior Court of New Jersey, Chancery Division.

Decided December 28, 1967.


Attorney(s) appearing for the Case

Mr. Thomas T. Warshaw for plaintiffs (Messrs. Drazin, Warshaw, Auerbach & Rudnick, attorneys).

Mr. Vincent J. Jennings for defendants (Mr. Arthur J. Sills, Attorney General of the State of New Jersey).


LANE, J.S.C.

This matter is before the court on plaintiffs' motion to transfer the action to the Law Division. The complaint sought an injunction against defendants to prevent them from proceeding with contemplated construction on State Highway 35. It was alleged that the State Highway Department had obtained from plaintiffs a deed for a three-foot strip running along State Highway 35 upon representations that the elevation of the highway would not be changed. When...

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