BERGEN COUNTY v. ERIE LACKAWANNA R.R.


81 N.J. Super. 344 (1963)

195 A.2d 511

COUNTY OF BERGEN, PLAINTIFF, v. ERIE LACKAWANNA RAILROAD COMPANY, A NEW YORK CORPORATION, HUDSON REALTY COMPANY, A NEW JERSEY CORPORATION, JOINT MEETING NO. 1 FOR SOLID WASTE DISPOSAL AND FIRST NATIONAL CITY TRUST COMPANY, A NATIONAL BANKING ASSOCIATION, DEFENDANTS.

Superior Court of New Jersey, Law Division.

Decided November 15, 1963.


Attorney(s) appearing for the Case

Mr. Nelson G. Gross, County Counsel, for plaintiff County of Bergen.

Messrs. Pitney, Hardin & Kipp (Mr. William P. Reiss appearing), attorneys for defendant Joint Meeting No. 1 for Solid Waste Disposal.

Mr. Richard B. Wachenfeld, attorney for the Erie Lackawanna Railroad Company.

Mr. Russell E. Watson, attorney for Transcontinental Gas Pipe Line Corporation, intervenor.

Mr. James A. Breslin, attorney for Township of Lyndhurst.

Mr. Charles L. Bertini, attorney for Hubbard Broadcasting, Inc., holder of an option to purchase.


LEYDEN, J.S.C.

The Erie Lackawanna Railroad Company is the owner of approximately 328 acres of low-lying land, largely or wholly within the Township of Lyndhurst, Bergen County.

It is gathered from the briefs and accompanying affidavits, about which there is no factual dispute, that the County of Bergen has been negotiating since April 1963 for the acquisition, by purchase, of 358 acres of land, including that...

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