Coast Co. v. Mayor of Spring Lake
New Jersey Court of Chancery
This bill is filed by the Coast Company to restrain the defendants from tearing down certain buildings in the course of erection along the edge of Spring lake, within the limits of the borough of Spring Lake, on laud which the latter claims has been dedicated to public use. The admitted facts are these: About the year 1875 several gentlemen conceived the notion of creating a seaside resort on the Atlantic coast.
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This bill is filed by the Coast Company to restrain the defendants from tearing down certain buildings in the course of erection along the edge of Spring lake, within the limits of the borough of Spring Lake, on laud which the latter claims has been dedicated to public use. The admitted facts are these: About the year 1875 several gentlemen conceived the notion of creating a seaside resort on the Atlantic coast. They caused to be purchased a tract of land within the limits of the township of Wall, in the county of Monmouth. On March 15th, 1875 (P. L. of 1875 p. 100) these gentlemen caused an…
1Opinion of the Court
Reed, V. C.
The question litigated at the trial was whether the site upon which the complainant was erecting the structures, was public ground. Apart from the merits of its cause upon this ground, however, the complainant insists that it is entitled to a decree restraining the defendants from carrying out their purpose. It is pressed as a.tenable proposition that, even if it be admitted that the locus in quo has been dedicated to public use, nevertheless the.defendants had no authority to interfere with complainant’s buildings, and that this court will restrain their threatened attempt to do…
2Cases cited5 opinions
- Trustees of Watertown v. Cowen & BaggNew York Court of Chancery · 1834
- Mayor of Brooklyn v. MeseroleNew York Supreme Court · 1841
- Doren v. Mayor of New-YorkNew York Court of Chancery · 1842
- State ex rel. Steelman v. VickersSupreme Court of New Jersey · 1889
- In re the Inc. of the Ridgefield ParkSupreme Court of New Jersey · 1892
3Cited by14 opinions
- City of Albuquerque v. Water Supply Co.New Mexico Supreme Court · 1918
- City of Topeka v. DwyerSupreme Court of Kansas · 1904
- Simonds v. SimondsSupreme Court of South Carolina · 1957
- Soper v. ConlyNew Jersey Court of Chancery · 1929
- Smith v. Commercial Credit Corp.New Jersey Court of Chancery · 1933
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