Hester v. Miller

The opinion of the court was delivered by

Oliphant, J.

This appeal is from a judgment of the Superior Court, Law Division, certified here on our own motion. It involves the seizure and attempted condemnation, for use as a nursery and for the possible erection of service buildings thereon, of the plaintiff’s lands by a former State Highway Commissioner.

After the condemnation proceedings had been instituted and commissioners appointed, plaintiff began an action in lieu of certiorari challenging the order appointing the commissioners on the ground the highway commissioner had acted in excess of…