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BOR. OF TENAFLY v. CENTEX HOMES CORP.

139 N.J. Super. 490 (1975)

354 A.2d 382

BOROUGH OF TENAFLY, A MUNICIPAL CORPORATION OF THE STATE OF NEW JERSEY, COUNTY OF BERGEN, PLAINTIFF, v. CENTEX HOMES CORPORATION, NORMAN E. BLANKMAN, STATE OF NEW JERSEY, ELLEN ANN DUNHAM, NEW EARLY CHRISTIAN CHURCHSEEKERS AFTER, A RELIGIOUS CORPORATION OF THE STATE OF NEW JERSEY, DEFENDANT.

Superior Court of New Jersey, Law Division.

Decided October 20, 1975.

Attorney(s) appearing for the Case

Mr. Philip R. Carlin (Messrs. Goldberg & Carlin, P.A., attorneys) and Donald W. de Cordova (Messrs. Morrison & Griggs, attorneys), for plaintiff.

Mr. Adrian M. Foley, Jr. for defendant (Messrs. McElroy, Connell, Foley & Geiser, attorneys; Mr. Kevin J. Coakley on the brief).

TRAUTWEIN, A.J.S.C.

This case involves the condemnation by plaintiff Borough of Tenafly of an area of land owned by Centex Homes Corporation (Centex) located in that community's East Hill district. The action originated by the filing of a complaint on May 9, 1974 against defendant Centex and others. After considerable procedural maneuvering, including a proper, yet unsuccessful, attempt by defendant Centex to challenge Tenafly's authority to condemn, the court entered...

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