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N.J. HIGHWAY AUTHORITY v. RUDD

36 N.J. Super. 1 (1955)

114 A.2d 721

NEW JERSEY HIGHWAY AUTHORITY, PLAINTIFF-RESPONDENT, v. MORRIS RUDD AND MRS. MORRIS RUDD, DEFENDANTS-APPELLANTS, AND CITY OF CLIFTON, IN THE COUNTY OF PASSAIC, A MUNICIPAL CORPORATION OF NEW JERSEY, DEFENDANT.

Superior Court of New Jersey, Appellate Division.

Decided June 1, 1955.

Attorney(s) appearing for the Case

Mr. Paul N. Belmont argued the cause for appellants (Messrs. Van Riper & Belmont, attorneys; Mr. Charles E. Villanueva, of counsel).

Mr. Walter Goldberg argued the cause for respondent.

Before Judges CLAPP, JAYNE and FRANCIS.

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

This is a proceeding of conventional character in which the New Jersey Highway Authority in the exercise of its governmental power of eminent domain seeks the acquisition in fee simple of certain lands of the defendant Morris Rudd together with the interests of the other defendants therein situate in the City of Clifton, Passaic County. The plaintiff resolved that the lands were necessary in the construction...

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