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STATE v. DAVIS

87 N.J. Super. 377 (1965)

209 A.2d 633

STATE OF NEW JERSEY, BY THE STATE HIGHWAY COMMISSIONER, PLAINTIFF-RESPONDENT, v. ALBERT S. DAVIS, JR., MARY ELIZABETH DAVIS, ET AL., DEFENDANTS-APPELLANTS.

Superior Court of New Jersey, Appellate Division.

Decided April 29, 1965.

Attorney(s) appearing for the Case

Mr. Edward D. Bowlby argued the cause for appellants (Messrs. Bowlby & Woolson, attorneys).

Mr. John F. Cannon, Deputy Attorney General, argued the cause for respondent (Mr. Arthur J. Sills, Attorney General of New Jersey, attorney).

Before Judges CONFORD, KILKENNY and LEWIS.

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

Defendant property owners appeal from an order of the Superior Court, Law Division, appointing condemnation commissioners to appraise a portion of their lands in Bridgewater Township, taken by the State of New Jersey for use by the State Highway Commissioner in the construction of a "frontage" or "access" roadway.

Defendants contend that the roadway, which, admittedly, has already been built by the...

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