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STATE v. BD. OF ED. OF ELIZABETH

116 N.J. Super. 305 (1971)

282 A.2d 71

STATE OF NEW JERSEY, BY THE STATE HIGHWAY COMMISSIONER [NOW STATE DEPARTMENT OF TRANSPORTATION], PLAINTIFF, v. BOARD OF EDUCATION OF THE CITY OF ELIZABETH, IN THE COUNTY OF UNION, A BODY CORPORATE OF NEW JERSEY; CITY OF ELIZABETH, IN THE COUNTY OF UNION, A MUNICIPAL CORPORATION OF NEW JERSEY, DEFENDANTS.

Superior Court of New Jersey, Law Division.

Decided September 24, 1971.

Attorney(s) appearing for the Case

Mr. Peter L. Hughes, III, for plaintiff (Mr. George F. Kugler, Jr., Attorney General, attorney).

Mr. Raymond D. O'Brien for defendant Board of Education of the City of Elizabeth, et al.

FELLER, J.S.C.

This is an appeal from an award of $3,700 by the condemnation commissioners on December 19, 1967. By stipulating this case was tried by the court without a jury.

There is no question about the fact that the State had the right to condemn under the terms of Art. I, par. 20, of the 1947 N.J. Constitution.

Plaintiff, the State of New Jersey, by the State Highway Commissioner (now the State Department of Transportation, hereinafter...

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