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ELIZABETH BD. OF EDUC. v. NJT CORP.

776 A.2d 821 (2001)

342 N.J. Super. 262

ELIZABETH BOARD OF EDUCATION, Plaintiff-Appellant, v. NEW JERSEY TRANSIT CORPORATION, Defendant-Respondent, and Elizabeth, Plainfield & Central Railway Company and/or Public Service Railway Company, Defendants, and The City of Elizabeth, Defendant-Intervenor.

Superior Court of New Jersey, Appellate Division.

Decided May 25, 2001.

Attorney(s) appearing for the Case

Conti & Mallozzi, attorneys for appellant (David W. Conti, Jr., of counsel and on the brief).

John J. Farmer, Jr., Attorney General of New Jersey, attorney for respondent (Andrea M. Silkowitz, Assistant Attorney General, of counsel; Alvin R. Little, Deputy Attorney General, on the brief).

Before Judges KING, COBURN and LEFELT.

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

The Elizabeth Board of Education (Board) appeals from a judgment dismissing its complaint which sought to condemn property owned by the New Jersey Transit Corporation (NJT). The board wanted the property for educational purpose. We affirm because there is no express, or necessarily implied, statutory authority which permits a board of education to condemn land owned by the State. We also affirm the counsel fees...

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