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BARRY v. N.J. STATE HWY. AUTHORITY

245 N.J. Super. 302 (1990)

585 A.2d 420

JAMES J. BARRY, JR., DIRECTOR OF NEW JERSEY STATE DIVISION OF CONSUMER AFFAIRS, BY WILLIAM H. ROSS III, DIRECTOR OF ATLANTIC COUNTY DIVISION OF CONSUMER AFFAIRS, PLAINTIFFS, v. NEW JERSEY STATE HIGHWAY AUTHORITY, A BODY CORPORATE AND POLITIC OF THE STATE OF NEW JERSEY, OPERATING THE GARDEN STATE PARKWAY, DEFENDANTS.

Superior Court of New Jersey, Chancery Division Atlantic County.

Decided April 1, 1990.

Attorney(s) appearing for the Case

Joseph Kane for plaintiff (Assistant County Counsel) On the Brief: Joseph E. Kane and John R. Rauh.

Donald Robinson for defendants (Robinson, Wayne & LaSala) On the Brief: Donald A. Robinson and Russell S. Burnside.

Andrea M. Silkowitz, Assistant Attorney General Amicus Curiae for State of New Jersey (Robert J. Del Tufo, Attorney General of New Jersey).

GIBSON, J.S.C.

This action requires the resolution of the previously unaddressed question of whether the New Jersey Highway Authority is subject to suit under the Consumer Fraud Act. N.J.S.A. 56:8-1 et seq. Under the circumstances presented here and for the reasons expressed below, it is the conclusion of this court that it is not. The issue is presented by way of cross-motions for summary judgment.

FACTUAL BACKGROUND

The Defendant...

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