Condict v. Ramsey
Supreme Court of New Jersey
Hpon an application under the Road act (Gen. Stat., p. 2803) for the vacation of a public road connecting two other public roads in the township of Eranldin, in the county of Bergen, the Court of Common Pleas of that county made the statutory appointment of six of the surveyors of highways, and. they made a return vacating a part only of such road.
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Hpon an application under the Road act (Gen. Stat., p. 2803) for the vacation of a public road connecting two other public roads in the township of Eranldin, in the county of Bergen, the Court of Common Pleas of that county made the statutory appointment of six of the surveyors of highways, and. they made a return vacating a part only of such road. The part they attempted to vacate runs south from the north line of the land of John Ramsey to the Oakland and Pompton road, and, besides the land of Mr. Ramsey, crosses the lands of Iienry V. Condiet and of other owners. The part they left…
1Opinion of the Court
The opinion of the court was delivered by
Collins, J.
The defendants challenge the prosecutor’s right to a writ. They urge that as there can be no assessment of benefits against him he is not injuriously affected by the attempted vacation. The test of the right to be heard in a ease of this kind is special interest, not injury; but the present prosecutor has both interest and injury. If the proceedings should stand, his land would be wholly deprived of the highway, while as a taxpayer he would be forced to help maintain *505it in part. His standing for a writ is undeniable. Of the objections…
2Cases cited2 opinions
- Sutter v. Dutch ChurchSupreme Court of Pennsylvania · 1862
- Inhabitants of Mount Olive Township v. HuntSupreme Court of New Jersey · 1889
3Cited by1 opinion
- Brazell v. City of SeattleWashington Supreme Court · 1909