Fessler v. Town of Union
New Jersey Court of Chancery
The object of this bill is to restrain a nuisance in the nature of a purpresture. It is also, in effect, a bill by A cestui que trust to restrain a breach of trust by a trustee. The complainant is the owner of ten lots, each twenty-five feet by one hundred feet, and each facing on Eranklin street, in the town of Union, in the county of Hudson.
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The object of this bill is to restrain a nuisance in the nature of a purpresture. It is also, in effect, a bill by A cestui que trust to restrain a breach of trust by a trustee. The complainant is the owner of ten lots, each twenty-five feet by one hundred feet, and each facing on Eranklin street, in the town of Union, in the county of Hudson. The rear of six of which lots, and also the rear of two other lots of the same size which do not face on Eranklin street, she alleges bound upon a public square which, was dedicated to the public by the OAvners of a tract of land Avhich comprised the…
1Opinion of the Court
Pitney, V. C.
Upon these facts the following questions arise:
First. What was the scope and purpose of the original dedication ?
Second. Has that scope or purpose been altered or enlarged by either (a), the legislation above cited, or (b) by any subsequent occurrences ?
Third. Is, or was, the complainant, at any time, as the owner of lands abutting on the square, entitled to relief against the proposed erection ?
Fourth. If so, has she in any manner lost or waived that right ?
Upon most of the foregoing questions it seems to me that the law is so well settled in New Jersey as not to admit of doubt.
T…
2Cases cited1 opinion
- Trustees of Watertown v. Cowen & BaggNew York Court of Chancery · 1834
3Cited by8 opinions
- Cole v. Minnesota Loan & Trust Co.North Dakota Supreme Court · 1908
- Pt. Pleasant Manor Building Co. v. BrownNew Jersey Superior Court Appellate Division · 1956
- Miller v. City of ColumbiaSupreme Court of South Carolina · 1927
- Baird v. Board, C., South OrangeNew Jersey Court of Chancery · 1931
- George W. Armbruster, Jr., Inc. v. City of WildwoodDistrict Court, D. New Jersey · 1930
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