Burnett v. Abbott

The opinion of the court was delivered by

Oliphant, J.

This cause has been certified here on our own motion pursuant to R. R. 1:2-1 (d) and R. R. 1:10-1. It is an appeal from an order entered on August 26, 1953, modifying a preliminary injunction granted to the. appellants on June 29, 1953, which restrained the respondent, the State Highway Commissioner, from proceeding with the condemnation of certain properties owned by the appellants and from entering upon such property pending the final hearing of the matter.

The State Highway Commissioner had determined to acquire all of 55 acres of certain…