Legal Opinion

State v. Wright

Supreme Court of New Jersey

Decided November 15, 1891PublishedCited by 9 opinions

'On certiorari to review an order made by the Circuit Court of Atlantic county appointing the defendants commissioners to estimate and assess damages for the laying out, opening and constructing drives or walks along and upon the beach or ocean front in Atlantic City, under an act of the legislature entitled “An act to authorize cities in this state, located on or near the ocean, and embracing within their limits or jurisdiction any beach or ocean front, to lay out and open…

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'On certiorari to review an order made by the Circuit Court of Atlantic county appointing the defendants commissioners to estimate and assess damages for the laying out, opening and constructing drives or walks along and upon the beach or ocean front in Atlantic City, under an act of the legislature entitled “An act to authorize cities in this state, located on or near the ocean, and embracing within their limits or jurisdiction any beach or ocean front, to lay out and open streets and drives, and construct public walks along and upon the beach •or ocean front, to grade and otherwise improve…

1Opinion of the Court

The opinion of the court was delivered by

Scudder, J.

The first reason assigned for reversal is, that the act referred to is unconstitutional, because it is local and •■special, regulating the internal affairs of cities. The first section of the act, read in connection with the title, will determine this question. It enacts “ that it shall be lawful for the common council or other governing body in the cities of this state, located on or near the ocean, and embracing within their limits or jurisdiction any beach or ocean front, by an ordinance or ordinances duly passed for that purpose as…

2Cited by9 opinions

  1. City of Cape Girardeau v. HunzeSupreme Court of Missouri · 1926
  2. State Ex Rel. Department of Natural Resources & Environmental Control v. PhillipsCourt of Chancery of Delaware · 1979
  3. Beers v. Incorporated Town of Gilmore CitySupreme Court of Iowa · 1924
  4. Less Land Co. v. FenderSupreme Court of Arkansas · 1915
  5. Cook v. Borough of AllendaleSupreme Court of New Jersey · 1910

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