WARD SAND AND MATERIALS CO. v. PALMER


51 N.J. 51 (1968)

237 A.2d 619

WARD SAND AND MATERIALS COMPANY, PLAINTIFF-APPELLANT, v. DWIGHT R.G. PALMER, COMMISSIONER OF THE STATE HIGHWAY DEPARTMENT OF NEW JERSEY, DEFENDANT-RESPONDENT.

The Supreme Court of New Jersey..

Argued November 23, 1965.

Reargued February 20, 1967.

Reargued February 21, 1967.

Decided January 22, 1968.


Attorney(s) appearing for the Case

Mr. Louis B. LeDuc for plaintiff-appellant.

Mr. David A. Biederman, Deputy Attorney General, for defendant-respondent (Mr. Avrom J. Gold, Deputy Attorney General, on the brief; Mr. Arthur J. Sills, Attorney General of New Jersey, attorney).

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


The opinion of the court was delivered by HANEMAN, J.

Plaintiff appealed to the Appellate Division from the dismissal of an action in lieu of prerogative writs which sought to compel the State Highway Department (Department) to condemn land upon which the State had constructed a portion of a State Highway. This Court granted certification on plaintiff's motion. R.R. 1:10-1A.

Prior to September 8, 1960, the Department constructed a jug handle at the...

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