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Scott v. Town of Bloomfield

Decided: December 21, 1967.

DONALD L. SCOTT AND THEODORE DUNN, PLAINTIFFS-RESPONDENTS,
v.
TOWN OF BLOOMFIELD, RALPH G. CONTE AND H. JOSEPH NORTH, DEFENDANTS, AND BOYS' CLUB OF BLOOMFIELD, DEFENDANT-APPELLANT



Sullivan, Foley and Leonard.

Per Curiam

The Town of Bloomfield, pursuant to a resolution and under the authority of N.J.S.A. 40:60-45.3, leased certain municipal property for a period of 99 years at a rental of $1 per year to defendant Boys' Club of Bloomfield. Plaintiffs, taxpayers of the municipality, instituted an action in lieu of prerogative writs challenging the validity of this lease. The trial court entered summary judgment declaring the resolution and lease void. 94 N.J. Super. 592. Defendant Boys' Club now appeals.

The trial court's action was based, inter alia, upon the determination that the statutory provision authorizing the lease was a special law that was unconstitutional because the appropriate pre-enactment public notification (R.S. 1:6-1) required by Art. IV, ยง 7, par. 8 of our State Constitution had not been given.

We agree and therefore affirm. However, we limit our affirmance to the ...


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