NEW JERSEY SUPREME COURT RULES SUIT BY BOARD OF EDUCATION CLAIMING HIGHWAY CONSTRUCTION WOULD SO DAMAGE SCHOOL AS AMOUNT TO A TAKING WAS PREMATURE

IN A PREVIOUS CASE THE NEW JERSEY SUPERIOR COURT RULED THAT A TRIAL COURT SHOULD NOT HAVE SUMMARILY DISMISSED A BOARD OF EDUCATION'S SUIT IN WHICH IT WAS CLAIMED THAT THE BENEFICIAL USE OF THE LAND AND BUILDING OF A PARTICULAR SCHOOL WOULD BE DESTROYED BY THE CONSTRUCTION OF A HIGHWAY WHICH WOULD VIRTUALLY SURROUND THE SCHOOL SO THAT IT WOULD BECOME AN ISLAND. SUCH ACTION WOULD HAVE AMOUNTED TO A TAKING OF THE SCHOOL PROPERTY. THE STATE HIGHWAY DEPARTMENT APPEALED TO THE SUPREME COURT WHO STATED THAT STUDY OF THE ENTIRE RECORD GAVE RISE TO THE CONCLUSION THAT AT THE PRESENT TIME THE ISSUE SOUGHT BY THE BOARD OF EDUCATION WAS PURELY HYPOTHETICAL. THE SUPREME COURT POINTED OUT THAT IT EXPRESSED NO VIEW AS TO WHETHER THE CONDITIONS DESCRIBED IN THE SUPERIOR COURT'S OPINION COULD BE CONSIDERED SUCH A TAKING AS WOULD EXPOSE THE HIGHWAY DEPARTMENT TO LIABILITY TO PAY COMPENSATION TO THE BOARD. (BOARD OF EDUC. OF TOWN OF MORRISTOWN V. PALMER, 218, A. 2D 153 MARCH 1966)

  • Supplemental Notes:
    • No 28, pp 2-3
  • Publication Date: 1966-6

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  • Accession Number: 00238600
  • Record Type: Publication
  • Files: TRIS
  • Created Date: Feb 10 1994 12:00AM