Opinion

Hopewell v. Board of Trustees

  • 69 N.J.L. 597
  • 40 Vroom 597
  • 55 A. 653
  • 1903 N.J. Sup. Ct. LEXIS 73
Court
Supreme Court of New Jersey
Filed
Jul 23, 1903
Status
Published
On the bench
Garretson, Garrison
Cited by
3 cases
Authority
More cited than 79.2%

The opinion

Per Curiam.

On the 6th of July, 1896, an ordinance was passed by the board of trustees fixing and establishing the side lines and grades for Main street, in the village of Flemington. By its terms the ordinance took effect July 20th, 1896. No other municipal action under this ordinance affecting the property of the prosecutor appears by the return to have been since taken.

*598 ■ It appears'from the'evidence that th'e properties of several owners fronting oh Main street have been made to conform to the grade fixed by this ordinance; intersecting streets have also been improved with reference to the lines' and grades fixed by the ordinance and a sewerage system has been constructed at a large expense with reference to these same grades.

On the 24th of August, 1901, more than five years after the ordinance became effective, the prosecutors, alleging' that their properties were injured by this ordinance, procured the allowance of the writ of certiorari and now ask that the ordinance he set aside for various reasons, all of which existed when the ordinance was passed.

Under the decisions of this court the prosecutors have been guilty of such laches as disentitle- them to the relief asked for.

The writ of certiorari will be dismissed,, with costs. ■

This is a copy of a public record, reproduced as it was published. It is not legal advice, and it may not be the version a court would rely on. Check the official source before you cite it.

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