Coxon v. Inhabitants of Trenton
Supreme Court of New Jersey
On certiorari. This writ brings np for review an ordinance of the city of Trenton authorizing the construction of a lateral sewer in Tyrell avenue, in that city. The proceedings of the common council and of the board of health were taken under the authority of an act entitled “An act to authorize cities to construct sewers and drains and to provide for the payment of the cost thereof,” approved March 8th, 1882 (Gen. Stat., p. 605), and the supplements thereto.
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On certiorari. This writ brings np for review an ordinance of the city of Trenton authorizing the construction of a lateral sewer in Tyrell avenue, in that city. The proceedings of the common council and of the board of health were taken under the authority of an act entitled “An act to authorize cities to construct sewers and drains and to provide for the payment of the cost thereof,” approved March 8th, 1882 (Gen. Stat., p. 605), and the supplements thereto. The stipulated state of facts shows that at a meeting of the common council held on tho»16th day of August, 1904, a petition wras…
1Opinion of the Court
The opinion of the court was delivered by
Garrison, J.
A unanimous vote of all of the members of the board of health is not required by the statute, but only that the “resolution he unanimously adopted by the said board of health.” Granted, therefore, a hoard of health legally constituted and the adoption of the resolution, all present voting and none dissenting, and the statute has been complied with. This distinction is pointed out by Mr. Justice Fort in Crickenberger v. Westfield, 42 Vroom 467.
*30The other reason urged for vacating the ordinance is good. The owners of property who, by filing…
2Cases cited1 opinion
- Crickenberger v. Town of WestfieldSupreme Court of New Jersey · 1904
3Cited by7 opinions
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- Orme v. Salt River Valley Water Users' Ass'nArizona Supreme Court · 1923
- Gumm v. City of LexingtonCourt of Appeals of Kentucky (pre-1976) · 1933
- Tidewater Southern Ry. Co. v. JordanCalifornia Supreme Court · 1912
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