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McKENNA v. N.J. HIGHWAY AUTHORITY

19 N.J. 270 (1955)

116 A.2d 29

EDWARD J. McKENNA, AS MAYOR AND TAXPAYER OF TOWN OF IRVINGTON; AND TOWN OF IRVINGTON, A MUNICIPAL CORPORATION, PLAINTIFFS-APPELLANTS, v. NEW JERSEY HIGHWAY AUTHORITY (A BODY CORPORATE AND POLITIC IN THE STATE HIGHWAY DEPARTMENT), DEFENDANT-RESPONDENT.

The Supreme Court of New Jersey.

Decided June 27, 1955.

Attorney(s) appearing for the Case

Mr. John J. Gaffey argued the cause for the plaintiffs-appellants (Mr. Herman W. Kurtz, of counsel).

Mr. Morris M. Schnitzer argued the cause for the defendant-respondent.

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

This is a civil action in which the parties have labeled it as being within the scope of the former prerogative writs brought to test the validity of tolls levied by the New Jersey Highway Authority (hereinafter called the Authority). The complaint in the form of a petition of appeal, was filed by Edward J. McKenna, "as Mayor and taxpayer of the Town of Irvington," and by the Town of Irvington, a municipal corporation...

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