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UNION CTY. BD. OF FREEHOLDERS v. UNION CTY. PARK COMM'N

41 N.J. 333 (1964)

196 A.2d 781

UNION COUNTY BOARD OF CHOSEN FREEHOLDERS, A BODY POLITIC OF THE STATE OF NEW JERSEY, PLAINTIFF-RESPONDENT, v. THE UNION COUNTY PARK COMMISSION, A BODY POLITIC OF THE COUNTY OF UNION, DEFENDANT-APPELLANT.

The Supreme Court of New Jersey.

Decided January 20, 1964.

Attorney(s) appearing for the Case

Mr. Frederick C. Kentz, Jr. argued the cause for the appellant (Messrs. Kentz, Kentz & Gilson, attorneys).

Mr. Leo Kaplowitz argued the cause for the respondent (Mr. H. Lee Sarokin, Assistant County Attorney, on the brief).

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

The plaintiff Board of Freeholders instituted a declaratory judgment action seeking a determination of its right to certain capital funds in the possession of the defendant Park Commission. Summary judgment was entered in favor of the plaintiff. See 77 N.J.Super. 425 (Law Div. 1962). The defendant appealed to the Appellate Division and we certified before argument...

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