State v. Inhabitants of Trenton
Supreme Court of New Jersey
On certiorari. This writ brings up proceedings for opening Tyler street, in the city of Trenton, between Hudson street and Chestnut ;avenue, and the award for damages and the assessment of special benefits attending the proceeding.
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On certiorari. This writ brings up proceedings for opening Tyler street, in the city of Trenton, between Hudson street and Chestnut ;avenue, and the award for damages and the assessment of special benefits attending the proceeding. The proceeding was taken under the charter of the city of Trenton, and its history, as it appears from the record before us, is as follows: On July 2d, 1889, the common council adopted a resolution directing the city surveyor to make a survey of the most practicable road and to stake out the same. On July 16th -common council, by resolution, directed its clerk to…
1Opinion of the Court
*222The opinion of the court was delivered by
Reed, J.
The first ground upon which the invalidity of -these proceedings is asserted is that the common council, and not the board of public works, was the proper body to make The new application to the board of city assessors. It is admitted that the legislature had the -ability to put this power into the possession of the board of public works. The point .•made is that the legislature has not done this in the act of 1892; that, by a proper construction of that act, the power to carry to completion this improvement remained in the common council. In…
2Cases cited1 opinion
- Vreeland v. Mayor of BayonneSupreme Court of New Jersey · 1892
3Cited by3 opinions
- Cook v. Borough of ManasquanSupreme Court of New Jersey · 1910
- State v. Town of GuttenbergSupreme Court of New Jersey · 1898
- Township of South Hackensack v. Federal Deposit Ins.Court of Appeals for the Third Circuit · 1940