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N.J. HIGHWAY AUTHORITY v. SILLS

58 N.J. 432 (1971)

278 A.2d 489

NEW JERSEY HIGHWAY AUTHORITY, A BODY CORPORATE AND POLITIC CREATED AND EXISTING UNDER AND BY VIRTUE OF CHAPTER 16 OF THE LAWS OF 1952; AS AMENDED AND SUPPLEMENTED; FIDELITY UNION TRUST COMPANY, A BANKING CORPORATION OF THE STATE OF NEW JERSEY, AS TRUSTEE UNDER GENERAL BOND RESOLUTION OF THE NEW JERSEY HIGHWAY AUTHORITY ADOPTED JULY 8, 1953, AS SUPPLEMENTED; AND FIRST NATIONAL STATE BANK OF NEW JERSEY, A NATIONAL BANKING ASSOCIATION, AS TRUSTEE UNDER THE JUNIOR BOND RESOLUTION OF THE NEW JERSEY HIGHWAY AUTHORITY ADOPTED JULY 7, 1962, AS SUPPLEMENTED, PLAINTIFFS-RESPONDENTS, v. ARTHUR J. SILLS, ATTORNEY GENERAL OF THE STATE OF NEW JERSEY, DEFENDANT-RESPONDENT, AND 78th DIVISION (TRAINING) UNITED STATES ARMY RESERVE AND NATIONAL GUARD ASSOCIATION OF NEW JERSEY, INTERVENORS-DEFENDANTS-APPELLANTS.

The Supreme Court of New Jersey.

Decided June 25, 1971.

Attorney(s) appearing for the Case

Mr. J. Leonard Hornstein argued the cause for intervenor-defendant-appellant National Guard Association of New Jersey (Messrs. Hornstein & Hornstein, attorneys).

Mr. Theodore W. Geiser argued the cause for plaintiff-respondent New Jersey Highway Authority (Messrs. Hughes, McElroy, Connell, Foley & Geiser, attorneys).

Mr. Dickinson R. Debevoise argued the cause for plaintiff-respondent Fidelity Union Trust Company, as Trustee (Messrs. Riker, Danzig, Scherer & Brown, attorneys).

Mr. John J. McDonough argued the cause for plaintiff-respondent First National State Bank of New Jersey, as Trustee.

PER CURIAM:

The judgment is affirmed essentially for the reasons expressed by Judge Herbert in the Chancery Division, 109 N.J.Super. 424, 111 N.J.Super. 313 (1970).

For affirmance — Chief Justice WEINTRAUB and Justices JACOBS, FRANCIS, PROCTOR, HALL, SCHETTINO and MOUNTAIN — 7.

For reversal...

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