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STATE BY HIGHWAY COMMISSIONER v. UNION CTY. PARK COMM'N

48 N.J. 246 (1966)

225 A.2d 122

STATE OF NEW JERSEY, BY THE STATE HIGHWAY COMMISSIONER, PLAINTIFF-RESPONDENT, v. THE UNION COUNTY PARK COMMISSION, A CORPORATION OF NEW JERSEY, DEFENDANT-APPELLANT, AND HARTSHORN ESTATE, ETC., ET AL., DEFENDANTS.

The Supreme Court of New Jersey.

Argued October 25, 1966.

Decided December 5, 1966.

Attorney(s) appearing for the Case

Mr. William J. McCormack, Deputy Attorney General, argued the cause for plaintiff-respondent, State of New Jersey, by the State Highway Commissioner (Mr. Arthur J. Sills, Attorney General of New Jersey, attorney; Mr. Avrom J. Gold, Assistant Attorney General, of counsel and on the brief; Mr. Philip A. Donnelly, Deputy Attorney General, of counsel).

Mr. William R. Gilson argued the cause for defendant-appellant (Messrs. Kentz, Kentz & Gilson, attorneys).

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

The State of New Jersey, by the State Highway Commissioner (the State Highway Commissioner) filed a complaint seeking to condemn for highway purposes lands owned by The Union County Park Commission (Union Park Commission). Union Park Commission filed an answer denying that the State Highway Commissioner had legal authority to condemn its lands and moved to dismiss the complaint for the reason that it did not set...

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