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PHILA. OUTDOOR v. N.J. EXP. AUTH.

221 N.J. Super. 207 (1987)

534 A.2d 77

PHILADELPHIA OUTDOOR, PETITIONER-RESPONDENT, v. NEW JERSEY EXPRESSWAY AUTHORITY, RESPONDENT-APPELLANT, AND NEW JERSEY DEPARTMENT OF TRANSPORTATION, OUTDOOR ADVERTISING SECTION, RESPONDENT-RESPONDENT.

Superior Court of New Jersey, Appellate Division.

Decided November 23, 1987.

Attorney(s) appearing for the Case

Gruccio, Pepper, Giovinazzi, DeSanto & Mann, attorneys for appellant (Cosmo A. Giovinazzi, III, on the brief).

Joseph T. Wilkins, attorney for respondent Philadelphia Outdoor (Joseph T. Wilkins on the brief).

W. Cary Edwards, Attorney General of New Jersey, attorney for respondent New Jersey Department of Transportation (Michael R. Clancy, Deputy Attorney General, of counsel; Robert D. Blau, Deputy Attorney General, on the brief).

Before Judges J.H. COLEMAN, HAVEY and STERN.

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

This is an appeal by the New Jersey Expressway Authority (Authority) from a final decision of the Commissioner of the New Jersey Department of Transportation (DOT) granting an outdoor advertising permit to respondent Philadelphia Outdoor (Philadelphia). N.J.S.A. 54:40-60(1) and (2) prohibit the issuance of an outdoor advertising permit where the erection of the sign would "... injuriously affect any public...

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