West Park Ave., Inc. v. Township of Ocean

The opinion of the court was delivered by

Weintraub, C. J.

Plaintiff sued to recover $17,700 which it paid defendants, allegedly under duress. The trial court found the payments were in fact made unwillingly but held they nonetheless were “voluntary” in law and therefore unrecoverable because plaintiff ought to have sued to restrain the defendant municipality from pressing its illegal demand. We certified plaintiff’s appeal before argument in the Appellate Division.

I

Plaintiff acquired 60 lots from one Leon Massar, which lots were part of a subdivision plan. After completing a model home,…