Legal Opinion · Dissent

City of Newark v. County of Essex

Supreme Court of New Jersey

Decided May 30, 1979Published

1DissentPashman, J.

I dissent. N. J. S. A. 2A-.48-4 is part of a comprehensive legislative plan specifically designed to equitably apportion the expenses associated with general riots among counties, municipalities and individual property owners. Notwithstanding, the majority today construes that statute so that its provisions will not be applicable when a general riot — as opposed to an isolated instance of propery damage - — • occurs. The majority’s intimation that reimbursement may be conditioned upon receipt by municipal officials of “actual” notice with respect to particular properties defeats a primary…

2Cases cited3 opinions

  1. County of Allegheny v. Gibson's Son & Co.Supreme Court of Pennsylvania · 1879
  2. Feinstein v. City of New YorkCity of New York Municipal Court · 1935
  3. Roy v. HamptonSupreme Court of New Hampshire · 1967

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