FRANKLIN TP. IN SOMERSET COUNTY, NJ v. Tugwell

I dissent from the view of the majority that the court is warranted at this stage of the case in passing upon the constitutional questions and upon the question of authority: The case is not here after a hearing at which proof has been adduced. It is here on appeal from a ruling of the trial court granting a motion to dismiss the bill of complaint. The bill sought a temporary restraining order, a preliminary injunction, and, upon final hearing, a permanent injunction.

Briefly stated, the assertions of the bill are that: Rexford G. Tugwell, Administrator, Resettlement Administration, and John…