Township of Millburn v. Smith

The Circuit Court set aside an improvement assessment for ■ benefits to certain lands in Millburn township alleged to-arise from the construction of a storm water drainage system.

The lands affected by the assessment set aside at the Circuit are on a hillside above Wyoming avenue, where the drainage-system in question was constructed. The lands are above and do not face upon that thoroughfare. No direct connection with the drain is afforded and it in no sense relieves the land from surface water passing over it.

The proofs before the Circuit Court rebutted the presumption of benefits arising…