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CITY OF BAYONNE v. PALMER

47 N.J. 520 (1966)

221 A.2d 741

CITY OF BAYONNE, A MUNICIPAL CORPORATION OF NEW JERSEY, ET AL., PLAINTIFFS-APPELLANTS, v. DWIGHT R.G. PALMER, COMMISSIONER OF THE STATE HIGHWAY DEPARTMENT OF NEW JERSEY, ET AL., DEFENDANTS-RESPONDENTS.

The Supreme Court of New Jersey.

Decided June 29, 1966.

Attorney(s) appearing for the Case

Mr. Joseph M. Jacobs argued the cause for plaintiffs-appellants City of Bayonne and others (Messrs. Harrison & Jacobs, attorneys and of counsel).

Mr. Alan B. Handler, First Assistant Attorney General, argued the cause for defendants-respondents Dwight R.G. Palmer and others (Mr. Arthur J. Sills, Attorney General of New Jersey, attorney; Mr. Handler of counsel and on the brief).

Mr. Stephen B. Wiley argued the cause for defendants-respondents Central Railroad of New Jersey and others (Messrs. Meyner & Wiley, attorneys; Mr. Wiley of counsel, and Messrs. Dominick R. Vetri and Donald M. Malehorn on the brief).

The opinion of the court was delivered PER CURIAM.

The judgment is affirmed substantially for the reasons expressed by Judge Matthews in the Superior Court, Chancery Division. City of Bayonne v. Palmer, 90 N.J.Super. 245 (Ch. Div. 1966).

I.

On this appeal plaintiffs renew their charge that the contracts between the Commissioner of the State Highway Department

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