NOLAN v. FITZPATRICK


9 N.J. 477 (1952)

89 A.2d 13

EZRA L. NOLAN, CHARLES H. LENDER, AND ANNA ZELINSKI, INDIVIDUALLY AND AS MEMBERS OF THE BOULEVARD COMMISSIONERS OF THE COUNTY OF HUDSON, AND THE BOULEVARD COMMISSIONERS OF THE COUNTY OF HUDSON, PLAINTIFFS-APPELLANTS, v. GEORGE J. FITZPATRICK, JOSEPH E. COLFORD, JOSEPH E. CONNELLY, JOSEPH H. KENNY, WILBUR J. McGOWAN, WILLIAM V. O'DRISCOLL, JOSEPH A. SORIERO, JAMES J. DONOVAN, AND F. JOSEPH O'HARE, INDIVIDUALLY AND AS MEMBERS OF THE BOARD OF CHOSEN FREEHOLDERS OF THE COUNTY OF HUDSON, AND THE BOARD OF CHOSEN FREEHOLDERS OF THE COUNTY OF HUDSON, DEFENDANTS-RESPONDENTS.

The Supreme Court of New Jersey.

Decided May 26, 1952.


Attorney(s) appearing for the Case

Mr. Maurice C. Brigadier argued the cause for the appellants.

Mr. Frederick J. Gassert argued the cause for the respondents (Mr. Daniel T. O'Regan, County Counsel).


The opinion of the court was delivered by VANDERBILT, C.J.

On December 28, 1951, the plaintiffs as the Boulevard Commissioners of the County of Hudson made a written requisition on the defendant board of chosen freeholders of the county pursuant to R.S. 27:17-7 for $1,175,534, being the amount the commissioners deemed necessary to carry out their statutory responsibilities. On January 30, 1952, the defendant board advertised its proposed budget for 1952 including...

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