HOUSING AUTH., BOR. OF CLEMENTON v. MYERS


115 N.J. Super. 467 (1971)

280 A.2d 216

HOUSING AUTHORITY OF THE BOROUGH OF CLEMENTON, A BODY POLITIC OF THE STATE OF NEW JERSEY, PLAINTIFF-RESPONDENT, v. ALEXANDER MYERS AND ANN MYERS, HIS WIFE, ANN'S DRESS SHOP, G. & G. DRESS COMPANY, INC., DEFENDANTS-APPELLANTS.

Superior Court of New Jersey, Appellate Division.

Decided August 2, 1971.


Attorney(s) appearing for the Case

Mr. Michael D. Varbalow argued the cause for appellants (Mr. Joseph R. Livesey on the brief; Messrs. Jubanyik, Jubanyik & Varbalow, attorneys; Messrs. Kates, Livesey & Edelstein, of the Pennsylvania Bar, of counsel).

Mr. Charles A. Little argued the cause for respondent (Messrs. Bleakly, Stockwell, Zink & McGeary, attorneys).

Before Judges GOLDMANN, LEONARD and FRITZ.


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

In addition to other questions presented in this appeal, we are faced squarely with the question of whether the expenses of moving industrial equipment constitute an item of "just compensation" in condemnation proceedings. Until the decision in State v. Gallant, 42 N.J. 583 (1964), there seemed no doubt of the negative answer to this inquiry. American Salvage Company...

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