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PETITION OF AMERICAN TELEPHONE AND TELEGRAPH CO.

128 N.J. Super. 238 (1974)

319 A.2d 754

PETITION OF AMERICAN TELEPHONE & TELEGRAPH COMPANY OF NEW JERSEY FOR THE RIGHT TO EXERCISE THE POWER OF EMINENT DOMAIN. AMERICAN TELEPHONE & TELEGRAPH COMPANY OF NEW JERSEY, PETITIONER-APPELLANT, AND SADIE P. RANZENHOFER, ADELE A. ANKIEWICZ, ALFRED OLEJARZ AND DOLLY M. SOLOMON, A/K/A DOLLY SOLOMON MEYERS, OBJECTORS-RESPONDENTS, AND THE BOARD OF PUBLIC UTILITY COMMISSIONERS OF THE STATE OF NEW JERSEY, RESPONDENT.

Superior Court of New Jersey, Appellate Division.

Decided May 7, 1974.

Attorney(s) appearing for the Case

Mr. Howard Rosen argued the cause for petitioner-appellant (Messrs. Rosen and Weiss, attorneys; Mr. Sidney D. Weiss, of counsel; Mr. Walter G. Reinhard on the brief).

Mr. Theodore Meth argued the cause for objectors-respondents (Messrs. Meth, Wood, Neff & Cooper, attorneys; Mr. Robert M. Wood, on the brief).

Mr. George F. Kugler, Jr., Attorney General of New Jersey filed a statement in lieu of a brief on behalf of the respondent Board of Public Utility Commissioners (Mr. Joseph W. Ferraro, Jr., Deputy Attorney General of counsel).

Before Judges HANDLER, MEANOR and KOLE.

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

The Board of Public Utility Commissioners dismissed the petition of American Telephone & Telegraph Company of New Jersey seeking to exercise the power of eminent domain pursuant to N.J.S.A. 48:3-17.6 et seq. and N.J.S.A. 48:17-9.1. The interest sought to be condemned was an easement for a right-of-way for underground communications facilities...

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