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KINGSTON EAST REALTY CO. v. STATE OF N.J.

133 N.J. Super. 234 (1975)

336 A.2d 40

KINGSTON EAST REALTY CO., A PARTNERSHIP OF THE STATE OF NEW JERSEY, PLAINTIFF-APPELLANT, v. STATE OF NEW JERSEY, BY THE COMMISSIONER OF TRANSPORTATION, DEFENDANT-RESPONDENT.

Superior Court of New Jersey, Appellate Division.

Decided March 26, 1975.

Attorney(s) appearing for the Case

Mr. Harvey M. Douglen argued the cause for appellant (Stier and Douglen, attorneys).

Mr. Stephen A. Herman, Deputy Attorney General argued the cause for respondent (Mr. William F. Hyland, Attorney General of New Jersey, attorney; Mr. Stephen Skillman, Assistant Attorney General, of counsel).

Before Judges COLLESTER, LORA and HANDLER.

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

Plaintiff Kingston East Realty Co. instituted this action by filing a complaint in lieu of prerogative writs against the State of New Jersey, by the Commissioner of Transportation. In the first count of the complaint plaintiff sought damages because the actions of the Department of Transportation in delaying the issuance of a building permit and in otherwise inhibiting or discouraging the preparations for and...

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