Boulevard Improvement Co. v. Academy Associates

[EDITORS' NOTE: THIS PAGE CONTAINS HEADNOTES. HEADNOTES ARE NOT AN OFFICIAL PRODUCT OF THE COURT, THEREFORE THEY ARE NOT DISPLAYED.] Defendants move for summary judgment, under Rule 3:56-2, as a matter of law on the grounds "that (a) this court lacks jurisdiction over the subject matter of this cause of action; and (b) the proceeding herein of the plaintiffs was not commenced within thirty days of the accrual of their rights, if any, provided by law."

The complaint in this action, a proceeding in lieu of the prerogative writ of certiorari, was filed January 25, 1949. It alleges that plaintiffs…