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Wildwood Independent Record Publishing Co. v. City of Wildwood

Decided: May 12, 1955.

WILDWOOD INDEPENDENT RECORD PUBLISHING COMPANY, A CORPORATION OF NEW JERSEY, AND JOSEPH HUGHES, PLAINTIFFS,
v.
THE CITY OF WILDWOOD, A MUNICIPAL CORPORATION OF NEW JERSEY, AND THE MAYOR AND COMMISSIONERS OF THE CITY OF WILDWOOD, DEFENDANTS, AND CAPE MAY COUNTY LEADER CO., DEFENDANT-INTERVENOR



Haneman, J.s.c.

Haneman

This is an action in lieu of prerogative writ, in which the plaintiff questions the legality of the publication by the City of Wildwood of certain legal notices printed and appearing in a newspaper published by the defendant Cape May County Leader Co. Plaintiff as well contends that a newspaper published by it alone meets the requisite statutory qualifications for the publication of said notice.

The particular advertisements, the legality of the publication of which is disputed, and the particular statutes which it is contended said advertisements violate, are as follows:

Item Statutes

and

Date

(1) "Ordinances of the City of Wildwood N.J.S.A. 40:49-27 and

No. 514" (2/4-11-18/54) N.J.S.A. 40:1-20

(2) "Advt. for bids for Liquid Chlorine" N.J.S.A. 40:50-4

(2/4-11/54)

(3) "Advt. for bids of Sewer Construc- N.J.S.A. 40:63-45

tion" (2/4-11/54)

(4) "Advt. for bids for Diesel Engine N.J.S.A. 40:50-4

Oil, etc." (2/4-11/54)

(5) "Ordinance of the City of Wildwood N.J.S.A. 40:49-2

No. 513" (1/21-28/54)

(6) "Notice to bidders -- cast iron pipe, ...


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