State v. Mayor of Rutherford

The opinion of the court was delivered by

Garrison, J.

This certiorari brings up proceedings assessing the prosecutors for certain benefits incident to the grading of Passaic avenue, in the borough of Rutherford. The prosecutors do not complain of the entire assessment, but only of so much thereof as was done under a resolution of the municipal council, passed after the completion of the work originally authorized by ordinance. From the return it appears that the borough authorities, having acquired jurisdiction by a petition of landowners, passed an ordinance authorizing the grading of Passaic…