In re the Application to Confirm an Assessment for the Construction of a Sewer in the Passaic
Supreme Court of New Jersey
Application was made to the Passaic Circuit for the confirmation of a report of an assessment for the construction of •a sewer in the city of Passaic, made by the board of assessors •of that city. The board of assessors was appointed and the application was made under the “Act to provide for a board of assessors 3n cities of the third class,” passed May 12th, 1890. Pamph.
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Application was made to the Passaic Circuit for the confirmation of a report of an assessment for the construction of •a sewer in the city of Passaic, made by the board of assessors •of that city. The board of assessors was appointed and the application was made under the “Act to provide for a board of assessors 3n cities of the third class,” passed May 12th, 1890. Pamph. L., p. 327. At the hearing of the application, a party interested in the •assessment objected to the confirmation on the following grounds: First. That the act under which the said assessment is imposed is unconstitutional…
1Opinion of the Court
*158The opinion of the court was delivered by
Magie, J.
The authority of the board of assessors of the city of Passaic to make the assessment which the Circuit Court was asked to confirm, is assailed, in the first place, upon the ground that the act, under the provisions of which the city had created the board and taken the proceeding to assess, was wholly void.
This contention is put, first, upon the ground that the act, while obviously regulating the internal affairs of the municipalities upon which it operates, is local and special, because its operation is confined to cities of the third class.…
2Cases cited1 opinion
- State ex rel. Warner v. HoaglandSupreme Court of New Jersey · 1888
3Cited by14 opinions
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- People v. WalkerAppellate Court of Illinois · 1978
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