Township of Wayne v. County of Passaic
Township of Wayne v. County of Passaic
Opinion of the Court
In these consolidated appeals, we affirm that portion of the summary judgment entered in the trial court which declared invalid the policy of defendant county which required that, as a condition precedent to any county improvement of a section of a county highway located within the boundaries of a municipality, the municipality must acquire at its own expense and convey to the county at no cost to the latter, all necessary easements or other interest in lands. We affirm essentially for the reasons stated by the trial judge in his written opinion reported at 125 N. J. Super. 546 (Law Div. 1973).
On the cross-appeal of the Township of Wayne, we reverse that portion of the summary judgment which dis
The portion of the judgment involved in the county’s main appeal is affirmed. The portion thereof involved in the township’s cross-appeal is reversed and remanded for a plenary hearing. No costs to any party.
Reference
- Full Case Name
- TOWNSHIP OF WAYNE, PLAINTIFFS-RESPONDENTS v. THE COUNTY OF PASSAIC, DEFENDANTS-APPELLANTS JOHN MAZZACCA, JR., PLAINTIFFS-RESPONDENTS v. PASSAIC COUNTY BOARD OF CHOSEN FREEHOLDERS
- Cited By
- 2 cases
- Status
- Published