PFLEGER v. N.J. STATE HIGHWAY DEPT.


104 N.J. Super. 289 (1968)

250 A.2d 16

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

Superior Court of New Jersey, Appellate Division.

Decided August 14, 1968.


Attorney(s) appearing for the Case

Messrs. Drazin, Warshaw, Auerbach & Rudnick (Mr. Thomas T. Warshaw, of counsel), filed a brief on behalf of plaintiffs.

Mr. Arthur J. Sills, Attorney General, by Mr. Philip S. Carchman, Deputy Attorney General, filed a brief on behalf of State Highway Department.

Before Judges GAULKIN, FOLEY and KILKENNY.


The opinion of the court was delivered by GAULKIN, S.J.A.D.

In an action brought in the Superior Court, Chancery Division, plaintiffs sought to enjoin defendants from proceeding with contemplated construction on State Highway 35. Plaintiffs alleged that the State Highway Department had obtained from them a deed for a three-foot strip along the highway upon representations that the elevation of the highway would remain unchanged but that, after the work commenced,...

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