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E. RUTHERFORD INDUSTRIAL PARK v. STATE

119 N.J. Super. 352 (1972)

291 A.2d 588

EAST RUTHERFORD INDUSTRIAL PARK, INC., A CORPORATION OF NEW JERSEY; COSTA ENTERPRISES, A PARTNERSHIP OF NEW JERSEY; AND EAST RUTHERFORD INDUSTRIAL CENTRE, A PARTNERSHIP OF NEW JERSEY, PLAINTIFFS, v. THE STATE OF NEW JERSEY; NEW JERSEY SPORTS AND EXPOSITION AUTHORITY, A BODY CORPORATE AND POLITIC; AND HACKENSACK MEADOWLANDS DEVELOPMENT COMMISSION, DEFENDANTS. M. VINCENT COSTA t/a TRIANGLE REALTY COMPANY, A PARTNERSHIP OF THE STATE OF NEW JERSEY; KNICKERBOCKER DEVELOPMENT CORPORATION, A CORPORATION OF THE STATE OF NEW JERSEY, FORMERLY KNOWN AS T.N.J. CONSTRUCTION CO., INC., A CORPORATION OF NEW JERSEY; AND ROYAL DEVELOPERS, A CORPORATION OF THE STATE OF NEW JERSEY, PLAINTIFFS, v. THE STATE OF NEW JERSEY, NEW JERSEY SPORTS AND EXPOSITION AUTHORITY, A BODY CORPORATE AND POLITIC; HACKENSACK MEADOWLANDS DEVELOPMENT COMMISSION; BOROUGH OF EAST RUTHERFORD; EAST RUTHERFORD INDUSTRIAL CENTER, A PARTNERSHIP OF THE STATE OF NEW JERSEY; AND COSTA ENTERPRISES, A PARTNERSHIP OF THE STATE OF NEW JERSEY, DEFENDANTS. SMILA RUTHERFORD, INC., A CORPORATION OF NEW JERSEY, PLAINTIFF, v. HACKENSACK MEADOWLANDS DEVELOPMENT COMMISSION AND NEW JERSEY SPORTS AND EXPOSITION AUTHORITY, DEFENDANTS.

Superior Court of New Jersey, Law Division.

Decided June 2, 1972.

Attorney(s) appearing for the Case

Mr. Eugene C. Dinallo, for plaintiffs East Rutherford Industrial Park, Inc., et als. (Mr. Malcolm Blum, on the brief).

Mr. Malcolm Blum, for plaintiffs M. Vincent Costa t/a Triangle Realty Company, et als.

Mr. Gerold Kanengiser, for plaintiff Smila-Rutherford, Inc. (Messrs. Gordon and Kanengiser, attorneys).

Mr. John W. Bissell, for defendant New Jersey Sports and Exposition Authority (Messrs. Pitney, Hardin & Kipp, attorneys; Mr. Ronald L. Davison and Mr. John W. Bissell, on the brief).

Mr. Joseph M. Clayton, Jr., Deputy Attorney General, for defendants State of New Jersey and Hackensack Meadowlands Development Commission (Mr. George F. Kugler, Jr., Attorney General of New Jersey, attorney).

Mr. William D. Gorgone, for defendant Borough of East Rutherford.

PASHMAN, A.J.S.C.

These matters are before the court on motion for summary judgment by defendant, New Jersey Sports and Exposition Authority (hereinafter Authority), and complaint and order to show cause why relief should not be granted. Defendants urge that the three complaints in lieu of prerogative writs fail to state a claim upon which relief may be granted.

The material facts are not disputed. Defendants accept as true all relevant factual allegations...

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