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EVANS v. VILLANI

19 N.J. Super. 86 (1952)

88 A.2d 1

CHARLES F. EVANS AND DOROTHY S. EVANS, HIS WIFE, PLAINTIFFS-APPELLANTS, v. RALPH VILLANI, MEYER C. ELLENSTEIN, JOHN B. KEENAN, LEO CARLIN, STEPHEN J. MORAN, THE BOARD OF COMMISSIONERS OF THE CITY OF NEWARK, A MUNICIPAL CORPORATION OF THE STATE OF NEW JERSEY, DEFENDANTS-RESPONDENTS.

Superior Court of New Jersey, Appellate Division.

Decided April 22, 1952.

Attorney(s) appearing for the Case

Mr. Leo D. Burrell argued the cause for appellants (Messrs. Cox & Walburg, attorneys; Mr. William H.D. Cox of counsel.)

Mr. George B. Astley argued the cause for respondents (Mr. Charles Handler, attorney).

Before Judges McGEEHAN, JAYNE, and GOLDMANN.

The opinion of the court was delivered by JAYNE, J.A.D.

In the mutually acknowledged circumstances existing in this particular case, were the plaintiffs in an action in lieu of mandamus entitled to the aid of the court to compel the defendants to apportion the municipal assessment pursuant to the provisions of R.S. 54:7-1, et seq.?

The plaintiffs were the owners of three contiguous parcels of meadowland in the City of Newark designated...

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