State v. City of Elizabeth
Supreme Court of New Jersey
-On certiorari. There are two writs of certiorari, each bringing into this court an ordinance passed by the common council of the city -of Elizabeth vacating a portion of York street in said city. The first ordinance by its terms vacates and closes all that portion of York street from the most easterly line of the Newark branch of the Central railroad to the westerly side of Second street, if extended across York street.
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-On certiorari. There are two writs of certiorari, each bringing into this court an ordinance passed by the common council of the city -of Elizabeth vacating a portion of York street in said city. The first ordinance by its terms vacates and closes all that portion of York street from the most easterly line of the Newark branch of the Central railroad to the westerly side of Second street, if extended across York street. The second ordinance vacates York street from the westerly line of Second street eastwardly to Newark bay. The first of these ordinances was approved February 5th, •1891, and…
1Opinion of the Court
The opinion of the court was delivered by
Reed, J.
The questions involved by the returns to each •of thése writs are identical. They were argued and will be •decided as one.
*463The material reasons assigned for a reversal of the action of the common council are two. First, that no power existed in the common council to vacate this street; second, that if that body had such power, such power could not be exercised without compensating the prosecutrix for the destruction of vested property rights.
The following is the course taken by the city in laying out York street:
By an ordinance passed in 1866,…
2Cases cited4 opinions
- Coster v. Mayor, Aldermen & CommonaltyNew York Court of Appeals · 1871
- City of Chicago v. Union Building Ass'nIllinois Supreme Court · 1882
- People ex rel. Bristol v. Board of SupervisorsMichigan Supreme Court · 1870
- Ellsworth v. Chickasaw CountySupreme Court of Iowa · 1875
3Cited by14 opinions
- Reichelderfer v. QuinnSupreme Court of the United States · 1932
- Tomazewski v. Palmer Bee Co.Michigan Supreme Court · 1923
- Freeman v. City of CentraliaWashington Supreme Court · 1912
- MacDonald v. Board of Street CommissionersMassachusetts Supreme Judicial Court · 1929
- Farmers & Merchants Compress & Warehouse Co. v. City of DallasCourt of Appeals of Texas · 1960
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