B.P. OIL, INC. v. STATE


153 N.J. Super. 389 (1977)

379 A.2d 1051

B.P. OIL, INCORPORATED, PLAINTIFF, v. STATE OF NEW JERSEY, DEFENDANT.

Superior Court of New Jersey, Law Division.

Decided October 13, 1977.


Attorney(s) appearing for the Case

Mr. Alfred A. Porro, Jr., for plaintiff.

Mr. William C. Rindone, Jr., Deputy Attorney General, for defendant Natural Resource Council.

Mr. Matthew M. Millichap, Deputy Attorney General, for defendant Department of Transportation.


TRAUTWEIN, A.J.S.C.

This is a motion by defendant State of New Jersey to dismiss the first count of plaintiff's complaint for failure to state a claim upon which relief can be granted. In the alternative, the State moves for summary judgment on the First Count in its favor.

Plaintiff owns a tract of land in Linden, which is located in Union County, New Jersey. Part of that tract was subject to a tidelands claim...

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