DEVINS v. BOROUGH OF BOGOTA


237 N.J. Super. 596 (1989)

568 A.2d 903

JAMES J. DEVINS AND MARY J. DEVINS, HUSBAND AND WIFE, PLAINTIFFS-APPELLANTS, v. BOROUGH OF BOGOTA, DEFENDANT-RESPONDENT.

Superior Court of New Jersey, Appellate Division.

Decided November 1, 1989.


Attorney(s) appearing for the Case

Allen M. Bell argued the cause for appellants (Jacobs, Bell and Baumol, attorneys, Doreen E. McManimon, on the brief).

Joseph G. Monaghan argued the cause for respondent (DeMarrais and Monaghan, attorneys).

Before Judges GAULKIN, SCALERA, and D'ANNUNZIO.


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

The narrow issue presented is whether private citizens may, by adverse possession, gain title to a piece of municipally owned property which had been acquired through a tax foreclosure and which is not dedicated or used for a public purpose. We hold that they may not do so.

The essential facts are not in dispute, making the issue ripe for determination as a matter of law. R. 4:46-2. Plaintiffs...

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