Legal Opinion

Bozarth v. Egg Harbor City

New Jersey Court of Chancery

Decided February 23, 1918PublishedCited by 7 opinions

On hearing on bill for injunction. By this suit complainant seeks to enjoin defendant municipality from selling a certain block of land situate in that municipality and known as “Turner Park;” also another similar block known as “Singer Park;” also a third tract comprising three blocks and known as “Market Places.” The case has been submitted at final hearing on an agreed statement of facts.

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On hearing on bill for injunction. By this suit complainant seeks to enjoin defendant municipality from selling a certain block of land situate in that municipality and known as “Turner Park;” also another similar block known as “Singer Park;” also a third tract comprising three blocks and known as “Market Places.” The case has been submitted at final hearing on an agreed statement of facts. It appears hy the statement of facts that the Gloucester Farm and Town Association was incorporated in the year 1854 for the purpose of buying, selling and improving real estate, and soon thereafter…

1Opinion of the Court

Leaming, V. C.

The principles controlling dedication of land to public use, and the public rights flowing from such dedications, have been frequently defined by the courts of this state. The leading cases are: Methodist Church v. Hoboken, 33 N. J. Law 13; S. C., 19 N. J. Eq. 355; Hoboken Land Co. v. Hoboken, 36 N. J. Law 544; Price v. Plainfield, 40 N. J. Law 608; Bayonne v. Ford, 43 N. J. Law 292; Fessler v. Town of Union, 67 N. J. Eq. 14; Borough of Spring Lake v. Polak, 76 N. J. Eq. 212. From these authorities it is apparent that the filing of the map of 1865, and the execution of…

2Cited by7 opinions

  1. Brookdale Pk. Homes v. Tp. of BridgewaterNew Jersey Superior Court Appellate Division · 1971
  2. Levinson v. CostelloNew Jersey Superior Court Appellate Division · 1962
  3. Picconi v. CarlinNew Jersey Superior Court Appellate Division · 1956
  4. Barr v. BelmarNew Jersey Court of Chancery · 1934
  5. Hames v. City of PolsonMontana Supreme Court · 1950

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