Legal Opinion

Borough of Milford v. Arnold

New Jersey Superior Court Appellate Division

Decided August 26, 2005Published

1Opinion of the Court

BUCHSBAUM, J.S.C.

FACTS

Scope Of The Dispute

This is a condemnation case. The Borough of Milford has taken an easement for road purposes along what is known as Railroad Avenue in Milford Borough. Originally it sought to condemn 5,296 square feet on Block 15, Lots 1, 10 and 11. After initiating the condemnation action on December 9, 2002, the Borough did further research and determined that deeds in 1867 and 1893 already provided public rights in some of the proposed Railroad Avenue right-of-way. For that reason, the Borough revised the condemnation map on May 9, 2008, and, by leave granted, amend*88…

2Cases cited13 opinions

  1. F.M.C. Stores Co. v. Borough of Morris PlainsSupreme Court of New Jersey · 1985
  2. Highway Holding Co. v. Yara Engineering Corp.Supreme Court of New Jersey · 1956
  3. Haven Homes, Inc. v. Raritan TownshipSupreme Court of New Jersey · 1955
  4. State v. BirchNew Jersey Superior Court Appellate Division · 1971
  5. Osterweil v. City of NewarkSupreme Court of New Jersey · 1936

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