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CTY. OF CAMDEN v. S. JERSEY PORT

711 A.2d 978 (1998)

312 N.J. Super. 387

COUNTY OF CAMDEN, a Body Politic of the State of New Jersey, Plaintiff-Respondent, v. SOUTH JERSEY PORT CORPORATION, a Body Corporate and Politic of the State of New Jersey, Defendant-Appellant, and Christine Todd Whitman, Governor of the State of New Jersey, Defendant. New Jersey Economic Development Authority, Intervenor-Respondent.

Superior Court of New Jersey, Appellate Division.

Decided June 25, 1998.

Attorney(s) appearing for the Case

Frederick F. Fitchett, III, Atlantic City, for defendant-appellant (Horn, Goldberg, Gorny, Plackter, Weiss & Perskie, attorneys; Mr. Fitchett and Jill Manuel-Coughlin, Voorhees, on the brief).

Robert G. Millenky, County Counsel, for plaintiff-respondent (Mr. Millenky, attorney; Donna M. Whiteside, Assistant County Counsel, on the brief).

Edward G. Pillsbury, Deputy Attorney General, for intervenor-respondent (Peter Verniero, Attorney General of New Jersey, attorney; Joseph L. Yannotti, Assistant Attorney General, of counsel; Mr. Pillsbury, on the brief).

Before Judges KING, MUIR, Jr. and CUFF.

The opinion of the court was delivered by

MUIR, Jr., J.A.D.

We hold on this appeal that it is not the intent and purpose of the South Jersey Port Corporation Act (Act), N.J.S.A. 12:11A-1 to -29, to permit the County of Camden, holder of a $1.25 million judgment against the South Jersey Port Corporation (SJPC), to conduct, under a writ of execution, a levy and sale of the SJPC equipment when the record discloses that such a sale would terminate the SJPC...

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