Tubular Service Corp. v. Commissioner of State Highway Department
This text of 191 A.2d 745 (Tubular Service Corp. v. Commissioner of State Highway Department) 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.
Opinion
The opinion of the court was delivered
The judgment is affirmed substantially for the reasons expressed in the Appellate Division opinion. *332 Tubular Service Corp. v. Com. State Highway Dept., 77 N. J. Super. 556 (App. Div. 1963). We add this qualification. On the record before us we do not feel it can be said with conviction or certainty whether the conduct of plaintiffs trucks in making the turn “necessarily violated” the Motor Vehicle Act “continuously or frequently.” 77 N. J. Super., at p. 561. Such determination is not necessary to disposition of the appeal, and we agree with the basic view of the Appellate Division that it is preferable to predicate affirmance of the trial court’s determination on the ground that the action of the Highway Department in constructing the center highway barrier does not amount to a compensable taking of property.
For affirmance —• Chief Justice Weintraub, and Justices Jacobs, Francis, Proctor, Hall, Schettino and Hane-ga an — 7.
For reversal — Hone.
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Cite This Page — Counsel Stack
191 A.2d 745, 40 N.J. 331, 1963 N.J. LEXIS 187, Counsel Stack Legal Research, https://law.counselstack.com/opinion/tubular-service-corp-v-commissioner-of-state-highway-department-nj-1963.