Nolan v. Fitzpatrick

The opinion of the court was delivered by

Vanderbilt, C. J.

On December 28, 1951, the plaintiffs as the Boulevard Commissioners of the County of Hudson made a written requisition on the defendant board of chosen freeholders of the county pursuant to B. 8. 27:17-7 for $1,175,534, being -the amount the commissioners deemed necessary to carry out their statutory responsibilities. On January 30, 1952, the defendant board advertised its proposed budget for 1952 including an appropriation to the plaintiff commissioners of only $800,000.

On the same day the plaintiffs instituted this suit in lieu of a…