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65 McKINLEY AVENUE, INC. v. CITY OF EAST ORANGE, ET AL.

52 N.J. 338 (1968)

245 A.2d 332

65 MCKINLEY AVENUE, INC., FORMERLY A CORPORATION OF NEW JERSEY, PLAINTIFF-APPELLANT, v. CITY OF EAST ORANGE, A MUNICIPAL CORPORATION, ET AL., DEFENDANTS-RESPONDENTS.

The Supreme Court of New Jersey.

April 22, 1968.

Decided July 10, 1968.

Attorney(s) appearing for the Case

Mr. Murray D. Brochin argued the cause for appellant (Mr. John R. MacKay, 2d, on the brief; Messrs. Lowenstein and Spicer, attorneys).

Mr. David A. Biederman, Deputy Attorney General, argued the cause for respondent State Highway Department (Mr. Arthur J. Sills, Attorney General of New Jersey, attorney).

Mr. Norman E. Scull argued the cause for respondent City of East Orange (Mr. Jack Okin, attorney).

Mr. Adrian M. Foley, Jr., argued the cause for respondent New Jersey Highway Authority (Mrs. Sonia Napolitano, on the brief; Messrs. Pindar, McElroy, Connell and Foley, attorneys).

The opinion of the court was delivered PER CURIAM.

Plaintiff sued the defendant municipality to recover taxes it paid on real property for the period April 1, 1965 through December 8, 1965. Alternatively, plaintiff sought recovery from the State. On motion, the trial court entered judgment for defendants. We certified plaintiff's appeal before argument in the Appellate Division.

The State, by the State Highway Commissioner, had instituted condemnation proceedings...

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