SPOERL v. PENNSAUKEN TP.


14 N.J. 186 (1954)

101 A.2d 855

CLARENCE E. SPOERL, JR., ET AL., PLAINTIFFS-APPELLANTS, v. TOWNSHIP OF PENNSAUKEN, ET AL., DEFENDANTS-RESPONDENTS.

The Supreme Court of New Jersey.

Decided January 11, 1954.


Attorney(s) appearing for the Case

Mr. Neil F. Deighan, Jr., argued the cause for appellants (Messrs. Evoy, Feinberg and Deighan, attorneys).

Mr. Thomas F. Salter argued the cause for respondents.


The opinion of the court was delivered by WACHENFELD, J.

The inquiry here is whether a covenant in a deed for real estate, given by a municipality, releasing the property from further assessment for benefits, is legal or ultra vires. The question is centered in an action brought by owners of premises in the Township of Pennsauken, wherein they seek an order restraining the township officials from collecting the subject assessment and its cancellation as to...

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