Legal Opinion

McElroy v. Borough of Ft. Lee

Court of Appeals for the Third Circuit

Decided January 17, 1931No. 4433PublishedCited by 4 opinions

1Opinion of the Court

WOOLLEY, Circuit Judge.

Robert L. McElroy and Lula McElroybrought .this suit to recover the value of land which, they say, the Borough of Fort Lee unlawfully took from them for street purposes. The court directed a verdict for the defendant and the plaintiffs appealed.

There are two questions of law arising from two claims for damages. The first is easily disposed of. It arises under paragraphs 5, 7 and 9 of the complaint wherein the plaintiffs concede power in the defendant to change the grade of streets upon making compensation to owners of lands abutting on the streets, aver that the…

2Cases cited5 opinions

  1. Kindred v. Union Pacific RailroadSupreme Court of the United States · 1912
  2. City of Long Branch v. TooveySupreme Court of New Jersey · 1928
  3. Atlantic City v. GroffSupreme Court of New Jersey · 1900
  4. Tweddell v. Village of South OrangeSupreme Court of New Jersey · 1921
  5. City of Camden v. McAndrews & Forbes Co.Supreme Court of New Jersey · 1913

3Cited by4 opinions

  1. Town of Blowing Rock v. GregorieSupreme Court of North Carolina · 1956
  2. Mesich v. Board of County Com'rs of McKinley Co.New Mexico Supreme Court · 1942
  3. State Highway Commission v. Ruidoso Telephone Co.New Mexico Supreme Court · 1963
  4. Tuccio v. Lincoln Development CorporationConnecticut Superior Court · 1967

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