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SPRINGFIELD TP. v. BOARD OF EDUC.

217 N.J. Super. 570 (1987)

526 A.2d 714

TOWNSHIP OF SPRINGFIELD, PLAINTIFF, v. BOARD OF EDUCATION OF THE TOWNSHIP OF SPRINGFIELD, DEFENDANT-RESPONDENT-CROSS-APPELLANT, AND GREEN SPRINGS ESTATES, INC., DEFENDANT-APPELLANT-CROSS-RESPONDENT. BOARD OF EDUCATION OF THE TOWNSHIP OF SPRINGFIELD, THIRD PARTY PLAINTIFF, v. TOWNSHIP OF SPRINGFIELD, THIRD PARTY DEFENDANT-RESPONDENT.

Superior Court of New Jersey, Appellate Division.

Decided May 12, 1987.

Attorney(s) appearing for the Case

Richard L. Zucker argued the cause for appellant Green Springs Estates, Inc. (Lasser, Hochman, Marcus, Guryan and Kuskin, attorneys; Richard L. Zucker, on the brief).

Yale L. Greenspoon argued the cause for respondent Bd. of Ed. of Tp. of Springfield (Fish, Field, Greenspoon & Olesnycky, attorneys; Yale L. Greenspoon, of counsel; Amy M. Sarracino and Michael S. Wittenberg, on the brief).

Anthony P. D'Alessio argued the cause for respondent Tp. of Springfield.

Before Judges PRESSLER, BAIME and ASHBEY.

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

This protracted and procedurally complex litigation arises out of a contract for the sale of a portion of its Walton School property by the Board of Education of the Township of Springfield (board) to Green Springs Estates, Inc., (Green Springs). Green Springs appeals from that portion of the judgment which, although validating the contract, nevertheless required title to pass subject to the restrictive...

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