Morris May Realty Corp. v. Bd., Etc., County of Monmouth

The opinion of the court was delivered by

William J.

Bkennau, Jk., J. In 1923 the County of Monmouth constructed a concrete roadway across lands of the New York and Long Branch Railroad in the Borough of Little Silver under a written agreement providing for vacation and surrender of the property by the county on 60 days’ notice. Morris May Realty Corp. acquifed the lands from the railroad in 1952 and on May 7, 1952 gave the county notice to vacate. The county did not surrender the lands; instead its board of freeholders on July 2, 1952, within the 60-day notice period, adopted a resolution to…