BERGSMA v. TOWN OF KEARNY


24 N.J. Super. 43 (1952)

93 A.2d 626

DANIEL BERGSMA, STATE COMMISSIONER OF HEALTH AND STATE DEPARTMENT OF HEALTH, PLAINTIFFS-RESPONDENTS, v. TOWN OF KEARNY, A MUNICIPAL CORPORATION OF THE STATE OF NEW JERSEY, DEFENDANT-APPELLANT.

Superior Court of New Jersey, Appellate Division.

Decided December 17, 1952.


Attorney(s) appearing for the Case

Mr. Robert J. McCurrie argued the cause for the defendant-appellant.

Mr. Robert Carey, Jr., argued the cause for the plaintiffs-respondents (Mr. Theodore D. Parsons, Attorney-General of New Jersey, attorney; Mr. Robert Peacock, Deputy Attorney-General, of counsel).

Before Judges FREUND, STANTON and CONLON.


FREUND, J.S.C. (temporarily assigned).

The Town of Kearny appeals from an order of the State Commissioner of Health, Daniel Bergsma, embodied in a letter dated January 21, 1952. The letter addressed to the Mayor and Council of Kearny states, inter alia:

"Take Notice, that in conformity with the applicable provisions of R.S. 58:12, the State Department of Health of the State of New Jersey hereby ORDERS that the Town of Kearny, in the County of...

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