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BARILE v. PORT REPUBLIC

186 N.J. Super. 587 (1982)

453 A.2d 284

ANTHONY J. BARILE AND SYLVIA J. BARILE, HIS WIFE; GEORGE E. KLIMA AND VALERIE KLIMA, HIS WIFE; AND FRANK CREVELING AND ANNE R. CREVELING, HIS WIFE, PLAINTIFFS, v. CITY OF PORT REPUBLIC, A MUNICIPAL CORPORATION OF ATLANTIC COUNTY, NEW JERSEY, DEFENDANT.

Superior Court of New Jersey, Law Division Atlantic County.

September 17, 1982.

Attorney(s) appearing for the Case

Leland A. Stanford, for plaintiffs Barile (Stanford & Bruce, attorneys).

Joseph Gindhart for plaintiffs Klima (McGahn, Friss, Gindhart & Miller, attorneys).

D. William Subin for plaintiffs Creveling (Subin, Armstrong & Armstrong, attorneys).

James J. Gruccio for defendant (Tuso, Gruccio, Pepper, Buonadonna, Giovinazzi & Butler, attorneys).

MILLER, EDWARD S., J.S.C.

This prerogative writ action raises the spectre of a conflict between the official map adopted by a municipality pursuant to N.J.S.A. 40:55D-32 et seq. and public and private rights in streets or roads not included on such map. The facts giving rise to this controversy are quite simple. The City of Port Republic lies on the south shore of the Mullica River in Atlantic County...

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