Township of Millburn v. Pitt

The opinion of the court was delivered by

Mountain, J.

This is a condemnation suit. In 1955 the Township of Millburn acquired by purchase a tract of land expressly intended to be used for off-street parking purposes. The premises in question once formed part of a larger area, at that time owned by South Mountain Realty Co. This developer divided the whole tract into smaller par cels and conveyed these to various grantees. All of the deeds from the common grantor contained the same restrictive covenant, in the nature of an equitable servitude, limiting the use of the land to residential…