Roman Catholic Diocese v. State Highway Commission

Supreme Court of New Jersey

Roman Catholic Diocese v. State Highway Commission

138 A. 926, 5 N.J. Misc. 943, 1927 N.J. Sup. Ct. LEXIS 78

DecidedOctober 18, 1927

StatusPublished

This text of 138 A. 926 (Roman Catholic Diocese v. State Highway Commission) is published on Counsel Stack Legal Research, covering Supreme Court of New Jersey primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

Roman Catholic Diocese v. State Highway Commission, 138 A. 926, 5 N.J. Misc. 943, 1927 N.J. Sup. Ct. LEXIS 78 (N.J. 1927).

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Opinion

Memorandum.

The land of the prosecutor is a cemetery, and the highway commission is in possession of, and seeks to condemn for highway purposes a strip one hundred feet wide and one thousand two hundred and eighty feet long, about three hundred feet east of the center line of the whole tract, and is at this time filling in and constructing an embankment on such strip upon which it is proposed to construct the highway.

The writ of certiorari was allowed without a stay, and application is now made to this court for a stay pending the determination of the proceedings under such writ. We think the rights of the prosecutor will be fully protected if the respondent highway commission is permitted to proceed with its work of filling in and constructing the embankment upon which the roadway is proposed to be constructed, but that all other and further work and construction be stayed until the further order of the court.

An order for a stay, so limited, may be taken and entered.

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Memorandum.

The land of the prosecutor is a cemetery, and the highway commission is in possession of, and seeks to condemn for highway purposes a strip one hundred feet wide and one thousand two hundred and eighty feet long, about three hundred feet east of the center line of the whole tract, and is at this time filling in and constructing an embankment on such strip upon which it is proposed to construct the highway.

The writ of certiorari was allowed without a stay, and application is now made to this court for a stay pending the determination of the proceedings under such writ. We think the rights of the prosecutor will be fully protected if the respondent highway commission is permitted to proceed with its work of filling in and constructing the embankment upon which the roadway is proposed to be constructed, but that all other and further work and construction be stayed until the further order of the court.

An order for a stay, so limited, may be taken and entered.

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Bluebook (online)

138 A. 926, 5 N.J. Misc. 943, 1927 N.J. Sup. Ct. LEXIS 78, Counsel Stack Legal Research, https://law.counselstack.com/opinion/roman-catholic-diocese-v-state-highway-commission-nj-1927.