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Lavin v. City of Camden

Decided: December 1, 1961.

HARRY G. LAVIN, PLAINTIFF,
v.
CITY OF CAMDEN, ET AL., DEFENDANTS, AND PARKING AUTHORITY OF THE CITY OF CAMDEN, INTERVENOR



Schalick, J.s.c.

Schalick

This is a taxpayer's action against the City of Camden seeking to invalidate a resolution for an emergency appropriation, to declare the Parking Authority Law unconstitutional, and to invalidate an ordinance of the City of Camden which guaranteed an issue of bonds of the Parking Authority of the City of Camden in the sum of $500,000, in which action the Parking Authority of the City of Camden was permitted to intervene.

The plaintiff filed a complaint on April 10, 1961 to set aside a resolution of the City of Camden adopted March 23, 1961. This resolution appropriated $50,000 pursuant to N.J.S.A. 40:2-31(1) asserting an emergency "in that the Parking Authority of the City of Camden requires $50,000.00 to immediately acquire certain properties in furtherance of its purpose pursuant to the Parking Authorities Law of New Jersey."

On April 27, 1961 the City of Camden passed an ordinance entitled "An Ordinance Providing for the Guaranty by the City of Camden, New Jersey of the principal of and interest on $500,000. Bonds of the Parking Authority of the City of Camden, for financing the Mickle-Stevens Project," which ordinance was published after final passage on April 29, 1961. This ordinance was adopted pursuant to the "Parking Authority Law," N.J.S.A. 40:11A-1 et seq.

On May 18, 1961 notice of motion was filed by the plaintiff to amend the complaint and add a second count which sought to set aside the ordinance and asserted the unconstitutionality of the "Parking Authority Law." An order was made on May 26, 1961 permitting the supplement and the complaint was amended accordingly.

On June 27, 1961 the Parking Authority paid $50,000 to the City of Camden, which amount had theretofore been advanced by the City of Camden under the authority of the resolution.

On October 13, 1961 defendants listed before this court motions for summary judgment, and the City of Camden

adopted a resolution cancelling the emergency appropriation on or about said time.

As the emergency appropriation has been repaid to the City of Camden, and the authorization cancelled, the issue originally made by the plaintiff is resolved by the subsequent action of the defendants and there is no reason for the court to give it further consideration.

The plaintiff directs his attack on the Parking Authority Law, N.J.S.A. 40:11A-1 et seq. , charging that it is unconstitutional because it delegates power without a sufficient legislative standard.

In DeLorenzo v. City of Hackensack , 9 N.J. 379 (1952), the court held the creation of a parking authority constituted a proper exercise of the legislative function.

An analysis of the statute shows that "the purposes of every parking authority shall be the construction, provision or operation of off-street parking projects within its area of operation and the consequent promotion of free movement of traffic and relief of traffic congestion on the streets of said area and improvement of conditions affecting the public safety and welfare therein." N.J.S.A. 40:11A-6(2). These purposes, although defined in a general way, are sufficiently specific to fix the objects to be attained. The provision which follows does not give unlimited power but limits the right of the authority to give effect to the purposes in a particularized manner: "Every parking authority is hereby authorized to plan, design, construct, reconstruct, enlarge, improve, manage, maintain, repair, operate and use such parking project or projects as in the opinion of the authority will provide an effective ...


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