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IN RE PETITION BY TOWNSHIP OF WAYNE

137 N.J. Super. 186 (1975)

348 A.2d 543

IN THE MATTER OF THE PETITION BY THE TOWNSHIP OF WAYNE FOR APPROVAL TO ESTABLISH A NEW GRADE CROSSING OVER THE TRACKS OF THE ERIE LACKAWANNA RAILWAY COMPANY'S GREENWOOD LAKE BRANCH, DUE TO CONSTRUCTION OF PROPOSED HAUL ROAD.

Superior Court of New Jersey, Appellate Division.

Decided November 17, 1975.

Attorney(s) appearing for the Case

Mr. Lawrence D. Katz argued the cause for petitioner-appellant (Mr. Robert S. Moraff, attorney).

Mr. Vincent E. McGowan argued the cause for respondent Erie Lackawanna Railway Company.

Mr. Richard L. Voliva, Jr., Deputy Attorney General, argued the cause for respondent Commissioner of the Department of Transportation (Mr. William F. Hyland, Attorney General of New Jersey, attorney; Mr. Richard M. Conley, Deputy Attorney General, of counsel).

Before Judges FRITZ, SEIDMAN and MILMED.

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

Appellant Township of Wayne (township) petitioned the Department of Transportation (Department) for permission to install a grade crossing at Haul Road and the tracks of the Erie Lackawanna Railway Company (railroad) in the township. According to the petition the township was at the time "involved in the construction, reconstruction and installation of a drainage...

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