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HAVEN HOMES, INC. v. RARITAN TP.

19 N.J. 239 (1955)

116 A.2d 25

HAVEN HOMES, INC., A NEW JERSEY CORPORATION, PLAINTIFF-RESPONDENT, v. RARITAN TOWNSHIP, A MUNICIPAL CORPORATION OF NEW JERSEY, DEFENDANT-APPELLANT.

The Supreme Court of New Jersey.

Decided June 27, 1955.

Attorney(s) appearing for the Case

Mr. Fred G. Stickel, III, argued the cause for appellant (Mr. Meyer Q. Kessel, on the brief; Mr. Thomas L. Hanson, attorney).

Mr. Samuel Kaufman argued the cause for respondent (Mr. Andrew L. Kaufman and Mr. John M. Kaufman, on the brief; Messrs. Bilder, Bilder and Kaufman, attorneys).

Mr. Philip R. Gebhardt presented a brief on behalf of New Jersey Institute of Municipal Attorneys, as amicus curiae (Mr. Bernard W. Vogel, of counsel).

The opinion of the court was delivered by HEHER, J.

Plaintiff was given judgment in the Law Division of the Superior Court, mandamus in nature, directing the defendant municipality "to institute proceedings to condemn the water mains installed by the plaintiff" in streets laid out on a tract within the municipality developed for one-family houses. This, on the premise that the water mains constituted property of the plaintiff taken by the municipality in the...

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