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JUICE BAR CORP. v. TP. COMMITTEE OF NEPTUNE TP.

36 N.J. Super. 164 (1955)

115 A.2d 131

JUICE BAR CORP., A CORPORATION OF THE STATE OF NEW YORK, PLAINTIFF-RESPONDENT, v. TOWNSHIP COMMITTEE OF THE TOWNSHIP OF NEPTUNE, TOWNSHIP OF NEPTUNE, A MUNICIPAL CORPORATION, JOHN W. KNOX, CLERK OF THE TOWNSHIP OF NEPTUNE, AND SOMMER BROTHERS CONSTRUCTION COMPANY, A CORPORATION OF THE STATE OF NEW JERSEY, DEFENDANTS-APPELLANTS. EDWARD SCHWARTZ AND SYDELLE HOLDING CO., A CORPORATION OF THE STATE OF NEW JERSEY, PLAINTIFFS-RESPONDENTS, v. TOWNSHIP OF NEPTUNE, IN THE COUNTY OF MONMOUTH, A MUNICIPAL CORPORATION OF THE STATE OF NEW JERSEY, JOHN W. KNOX, AND SOMMER BROS. CONSTRUCTION COMPANY, A CORPORATION OF NEW JERSEY, DEFENDANTS-APPELLANTS.

Superior Court of New Jersey, Appellate Division.

Decided June 2, 1955.

Attorney(s) appearing for the Case

Mr. James R. Laird argued the cause for defendants-appellants Township Committee of the Township of Neptune, etc. (Mr. D. Joseph DeVito, attorney for defendant-appellant Sommer Bros. Construction Company).

Mr. Julius Stein argued the cause for plaintiffs-respondents Edward Schwartz and Sydelle Holding Co. (Messrs. Stein and Feinseth, attorneys; Mr. Benjamin I. Kreitzberg, on the brief).

Mr. Alexander Krauss argued the cause for plaintiff-respondent Juice Bar Corp. (Messrs. Levy and Krauss, attorneys; Mr. Paul Parker, on the brief).

Before Judges CLAPP, JAYNE and FRANCIS.

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

The Township of Neptune, in the County of Monmouth, had acquired title to a group of several vacant lots mainly by means of tax foreclosures. The lots were not needed for public use and the township committee on July 27, 1954 resolved to offer them for sale in congregation to the highest bidder after public advertisement at a minimum price of $40,000. The disposal of the lots was evidently intended to be accomplished...

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