Searching over 5,500,000 cases.


searching
Buy This Entire Record For $7.95

Official citation and/or docket number and footnotes (if any) for this case available with purchase.

Learn more about what you receive with purchase of this case.

Scott v. Town of Bloomfield

New Jersey Superior Court, Appellate Division


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

[98 NJSuper Page 322]

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 above determination.

19671221


Buy This Entire Record For $7.95

Official citation and/or docket number and footnotes (if any) for this case available with purchase.

Learn more about what you receive with purchase of this case.