recognizing that "[a]n easement is an interest in land owned by another"Summary of this case from Homestead at Mansfield Homeowners Ass'n, Inc. v. Homestead at Mansfield, Inc.
Argued February 21, 1979 —
Decided April 6, 1979.
Appeal from Superior Court, Appellate Division.
Mr. Sheldon A. Weiss argued the cause for appellant.
Mr. Robert O. Brokaw argued the cause for respondent Jersey Central Power Light Company.
Mr. Howard T. Rosen argued the cause for respondent Public Service Electric Gas Company ( Messrs. Rosen, Gelman Weiss, attorneys; Mr. Rosen and Mr. Sidney D. Weiss, of counsel; Mr. William J. Balcerski, on the brief).
Mr. Thomas J. Cafferty submitted a brief on behalf of amicus curiae Township of Franklin ( Messrs. Seiffert, Frisch, McGimpsey Cafferty, attorneys).
Mr. John R. Miller submitted a letter brief on behalf of amicus curiae Township of Chatham.
The judgment is affirmed substantially for the reasons expressed in the majority opinion of the Appellate Division, reported at 159 N.J. Super. 44.
We would reverse the judgment below substantially for the reasons expressed in the dissenting opinion of Judge Larner in the Appellate Division, reported at 159 N.J. Super. 44, 52. For affirmance — Chief Justice HUGHES and Justices CLIFFORD, SCHREIBER and HANDLER — 4.
For reversal — Justices SULLIVAN and PASHMAN — 2.