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UNION CTY. PARK COMM. v. CTY. OF UNION

154 N.J. Super. 213 (1976)

381 A.2d 77

THE UNION COUNTY PARK COMMISSION, A BODY POLITIC OF THE STATE OF NEW JERSEY, PLAINTIFF, v. THE COUNTY OF UNION, A BODY POLITIC OF THE STATE OF NEW JERSEY, DEFENDANT, v. THE COUNTY OF HUDSON, A BODY POLITIC OF THE STATE OF NEW JERSEY, DEFENDANT-INTERVENOR.

Superior Court of New Jersey, Law Division.

Decided May 7, 1976.

Attorney(s) appearing for the Case

Mr. Kenneth L. Estabrook, counsel to the Union County Park Commission, for plaintiff (Messrs. Lindabury, McCormick & Estabrook, attorneys; Mr. Richard R. Width on the brief).

Mr. William J. McCloud, Union County Counsel, for defendant (Mr. William J. McCloud on the brief).

Mr. Harold J. Ruvoldt, Jr., Hudson County Counsel, for defendant-intervenor.

FELLER, J.S.C., Retired, Temporarily Assigned on Recall.

This is an action in lieu of prerogative writs. Plaintiff moves for summary judgment and defendant has filed a cross-motion for summary judgment. Defendant intervenor, by court order dated April 8, 1976, was granted leave to intervene against count 3 and count 4 of the original complaint. However, count 4 was, with the approval of the court, withdrawn by plaintiff, and defendant intervenor's cross-motion for...

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