Seaside Realty & Improvement Co. v. Atlantic City
Supreme Court of New Jersey
On certiorari. This writ brings up an ordinance of Atlantic City, approved April 13th, 1899, and a resolution of common council passed January 8th, 1906. The ordinance was passed to carry out a scheme provided for in the statute passed in 1894. Pamph.
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On certiorari. This writ brings up an ordinance of Atlantic City, approved April 13th, 1899, and a resolution of common council passed January 8th, 1906. The ordinance was passed to carry out a scheme provided for in the statute passed in 1894. Pamph. L., p. 146. The first section of the act of 1894 provided that “it shall be lawful for the common council or other governing body of any city in this state, located on or near the ocean and embracing within its limits or jurisdiction any beach, or ocean front, to open and lay out on ox along such beach or ocean front a public park or place of…
1Opinion of the Court
The opinion of the court was delivered by
Reed, J.
Talcing up the attacks leveled against the proceedings brought up in an orderly manner, I will first speak of the alleged unconstitutionality of the act of 1894, upon which act the validity of the ordinance 'and the resolution rests. It is asserted that the statute is special, because it does not include in the scope of its operation other cities not located near or on the ocean, but which may have a beach front.
It seems useless to say more than was said in the opinion in the ease of Bowker v. Wright, 25 Vroom 130, and in Johnson v. Ocean City,…
2Cases cited1 opinion
- State v. WrightSupreme Court of New Jersey · 1891
3Cited by5 opinions
- Fishblatt v. Atlantic CitySupreme Court of New Jersey · 1909
- Bew v. Ventnor CitySupreme Court of New Jersey · 1911
- Crossan v. Ventnor CitySupreme Court of New Jersey · 1910
- Seaside Realty Co. v. Atlantic CitySupreme Court of New Jersey · 1908
- Weinberger v. City of PassaicSupreme Court of New Jersey · 1913