Board of Education v. Murnick

The opinion of the court was delivered by

LONG, J.A.D.

Two questions are presented on this appeal and cross-appeal: whether the pendency of an administrative agency proceeding on a required approval precludes the exercise of judicial jurisdiction in a condemnation case, and, if not, whether the exercise of jurisdiction by the court obviates the need for exhaustion of the administrative agency remedies. We answer both ques*507tions in the negative with the result that the case is affirmed in part and reversed and remanded in part.

Theodore Murniek is the owner of a 1.83 acre property located on Bond…