Port of New York Authority v. Heming

With today’s decision, The Port of Hew York Authority becomes the only litigant in the State of Hew Jersey with the exclusive right in condemnation proceedings to determine whether trial shall be by jury. I must dissent, because I think that N. J. S. A. 32:1-132, insofar as it confers that exclusive right on the Authority violates the Fourteenth Amendment to the Federal Constitution. For the purpose of analyzing the issue raised by this appeal it is essential to distinguish between the rights inherent in the concept of due process and the concept of equal protection of the law. The majority…