Morris May Realty Corp. v. Board of Chosen Freeholders of Monmouth County, C--1286
| Decision Date | 08 November 1954 |
| Docket Number | No. C--1286,C--1286 |
| Citation | 109 A.2d 468,33 N.J.Super. 93 |
| Parties | MORRIS MAY REALTY CORP., a corporation of New Jersey, Plaintiff, v. The BOARD OF CHOSEN FREEHOLDERS OF COUNTY OF MONMOUTH, a body politicfunctioning within said County and State of New Jersey, and Joseph C. Irwin,Victor Grossinger, Walter Sherman, Abraham D. Voorhees and Earl Woolley, Defendants. . Chancery Division |
| Court | New Jersey Superior Court |
Harry Green, Little Silver, for plaintiff.
Roberts, Pillsbury & Carton, Atlantic Highlands, for defendants.
DREWEN, J.C.C. (temporarily assigned).
Action was brought in this court to compel specific performance of an agreement affecting the possession and use of a parcel of realty, and also for money damages for alleged wrongful retention of the lands through the malicious abuse of public authority by the member defendants. Thus it appears that the cause in its origin was both equitable and legal. At the pretrial conference held October 11 it was made known by defendants' attorney that the defendant board had a few days previously taken such action for the condemnation of the lands in question that, upon return of an order to show cause issued by the Superior Court, Monmouth County, and then outstanding, commissioners for the condemnation would be appointed. Counter-reservations were thereupon made in the pretrial order pursuant to which plaintiff now moves that this court, notwithstanding defendants' attempted pre-emption of the equity feature in the manner stated, retain the present cause in its entirety, determine the value of the lands condemned, and adjudged and award the damages claimed; and defendants move, on the other hand, to dismiss the suit in this court for want of jurisdiction.
With the preclusion of specific performance by the proceedings to condemn, no equitable feature of the present case remains, only the counts for unliquidated damages. These motions are controlled, in my opinion, by the mutual accommodation of the law and equity jurisdictions promulgated by the 1947 Constitution, and by the decisions that expound such accommodation, insofar as these deal with the retaining of solely legal issues in the Chancery Court. In Steiner v Stein, 2 N.J. 367, 66 A.2d 719 (1949), there is language in the opinion of the Chief Justice of such emphasis and scope as unmistakably to include the present situation. In that case a counterclaim was filed for money damages and a jury trial demanded. The equitable issue having been...
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Morris May Realty Corp. v. Board of Chosen Freeholders of Monmouth County
...of the county for dismissal of the Chancery action for lack of jurisdiction of the subject matter was denied. 33 N.J.Super. 93, 109 A.2d 468 (Ch.Div.1954). The county appealed to the Appellate Division under R.R. 2:2--3(a)(3) allowing appeals from interlocutory orders determining that the c......