Ventnor City v. Fulmer

Leaking, Y. O.

The primary question in this suit is one of jurisdiction.

An ordinance of complainant municipality forbids the erection of buildings within specified distances of the side lines of lots and provides a penalty for its violation. The provisions of the ordinance may be conceded to be reasonable and consistent with its purpose1 to afford protection against fire.

Defendant has clearly violated the ordinance. By the bill filed herein the municipality seeks mandatory relief by injunction to compel defendant to remove the offending part of the structure.

The want of jurisdiction of a court…