Decided: September 12, 1947.
THE AMERICAN AGRICULTURAL CHEMICAL COMPANY, RELATORS-RESPONDENTS,
VINCENT J. MURPHY, JOHN A. BRADY, MEYER C. ELLENSTEIN, JOHN B. KEENAN, RALPH A. VILLANI, AND CITY OF NEWARK, A MUNICIPAL CORPORATION, RESPONDENTS-APPELLANTS
On appeal from the Supreme Court.
For the relators-respondents, Hannoch & Lasser (Herbert J. Hannoch and Morris Weinstein, of counsel).
For the respondents-appellants, Thomas L. Parsonnet (Joseph A. Ward, of counsel).
[136 NJL Page 193]
This case is controlled by our decision to-day in the case of Brown v. Murphy, 136 N.J.L. 183.
The only distinction is that the city, in this case, pursuant to statutory authority (R.S. 40:179-34), established and constructed a seaport and industrial terminal and the lands of the respondents were incorporated therein, and that the city was given the power to condemn by R.S. 40:179-34.
The judgment under appeal is affirmed.
For affirmance -- THE CHANCELLOR, BODINE, DONGES, COLIE, WACHENFELD, EASTWOOD, BURLING, WELLS, DILL, FREUND, McGEEHAN, McLEAN, JJ. 12.
For reversal -- None.