Stemmler v. Borough of Madison
Supreme Court of New Jersey
On error to the Supreme Court. The judgment of which court set aside an ordinance repealing what is designated in the ease as the Oak street ordinance. In August, 1905, the council of the borough of Madison passed an ordinance which provided for the laying out of a street from Cook avenue to Central avenue. This ordinance received four votes, one being cast by Benjamin Warren Bur-net, who owned a lot which would be taken.
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On error to the Supreme Court. The judgment of which court set aside an ordinance repealing what is designated in the ease as the Oak street ordinance. In August, 1905, the council of the borough of Madison passed an ordinance which provided for the laying out of a street from Cook avenue to Central avenue. This ordinance received four votes, one being cast by Benjamin Warren Bur-net, who owned a lot which would be taken. A committee of council interviewed the property owners, and all but three offered to donate the portion of their lands required. Mr. Burnet demanded $1,000. Mrs. Danfortb…
1Opinion of the Court
The opinion of the court was delivered by
Garrison, J.
Of the implied power to repeal ordinances, Dillon tersely says, “The power to make includes the power to repeal.” Mun. Corp. 314.
In Hudson Telephone Co. v. Jersey City, 20 Vroom 303, Justice Reed said of this implied power, “it is a general power which exists, outside of the express power conferred by the *598charter, by reason of the right to pass ordinances,” and such in varying form is the statement of the rule when the ordinance is not a contract or one that is, from its nature, exhausted by a single exercise. 28 Cyc. 383; 21 Am. & Eng.…
2Cases cited1 opinion
- State v. Board of Public WorksSupreme Court of New Jersey · 1894
3Cited by10 opinions
- Isola v. Borough of BelmarNew Jersey Superior Court Appellate Division · 1955
- WRIGHT v. City of FlorenceSupreme Court of South Carolina · 1956
- City of Michigan City v. BrossmanIndiana Court of Appeals · 1937
- Upper Penns Neck Tp. v. Lower Penns Neck Tp.New Jersey Superior Court Appellate Division · 1952
- BD. OF REC. COMM'RS, BOROUGH OF RUTHERFORD v. Borough of RutherfordNew Jersey Superior Court Appellate Division · 1979
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