Ballagh Realty Co. v. Borough of Dumont

The opinion of the court was delivered by

Campbell, Chancellor.

This is an appeal from a judgment of the Supreme Court sotting aside assessments against lands of the prosecutor-appellant, the matter having been heard by the court on certiorari.

The municipality had, by proceedings, the legality of which is not questioned, constructed a storm water drain in certain streets and avenues. It was then found to be necessary, or advisable, to construct certain underdrains connecting up with this storm water drain. There seems to have been two methods by which this latter construction could be carried…