Legal Opinion
Strauss v. Township of Holmdel
New Jersey Superior Court Appellate Division
Decided December 18, 1997PublishedCited by 4 opinions
1Opinion of the Court
LOCASCIO, J.S.C.
The issues presented by this case are (1) whether a municipality’s levy of a special assessment, to offset the cost of the installation of sewer lines within a development, violates the constitutional rights of residents of the development, and (2) whether a municipality can be liable for negligently permitting the construction of a subdivision without sewers.
Plaintiffs represent approximately 137 property owners who reside,in two separate subdivisions, the Estates of Holmdel and the Hills of Holmdel, which were approved for construction in sections in 1963, 1965, 1970 and…
2Cases cited40 opinions
- City of Cleburne v. Cleburne Living Center, Inc.Supreme Court of the United States · 1985
- Dandridge v. WilliamsSupreme Court of the United States · 1970
- McGowan v. MarylandSupreme Court of the United States · 1961
- Williamson v. Lee Optical of Oklahoma, Inc.Supreme Court of the United States · 1955
- Plyler v. DoeSupreme Court of the United States · 1982
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3Cited by4 opinions
- Lascurain v. City of NewarkNew Jersey Superior Court Appellate Division · 2002
- Alberts v. GaecklerNew Jersey Superior Court Appellate Division · 2014
- WHS REALTY v. Town of MorristownNew Jersey Superior Court Appellate Division · 1999
- GALLOWAY v. CITY OF WEST ORANGEDistrict Court, D. New Jersey · 2025