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STATE v. ST. JOHN'S CHURCH

142 N.J. Super. 568 (1976)

362 A.2d 574

STATE OF NEW JERSEY, BY THE COMMISSIONER OF TRANSPORTATION, PLAINTIFF-APPELLANT, v. ST. JOHN'S CHURCH, MARLBORO, N.J., A CORPORATION OF NEW JERSEY, ET AL., DEFENDANT-RESPONDENT.

Superior Court of New Jersey, Appellate Division.

Decided June 23, 1976.

Attorney(s) appearing for the Case

Mr. William F. Hyland, Attorney General, attorney for appellant (Mr. Stephen Skillman, Assistant Attorney General, of counsel; Messrs. Richard L. Voliva, Jr. and Stephen A. Herman, Deputy Attorneys General, on the brief).

Mr. Robert E. La Mura, attorney for respondent St. John's Church.

Before Judges LYNCH, LARNER and HORN.

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

In March 1969 the State of New Jersey by the Commissioner of Transportation (State) filed a complaint seeking to condemn a strip of land fronting on Route 79 which was part of the property on which defendant St. John's Roman Catholic Chuch was located. The purpose of the taking was to permit installation of a concrete divider between the two lanes of Route 79 and to make possible the broadening of the road...

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