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SAHL v. WEST DEPTFORD TP.

32 N.J. Super. 546 (1954)

108 A.2d 859

CATHERINE SAHL AND FRANK SAHL, PLAINTIFFS-APPELLANTS, v. THE TOWNSHIP OF WEST DEPTFORD, A MUNICIPAL CORPORATION OF THE STATE OF NEW JERSEY, LOCATED IN GLOUCESTER COUNTY, AND LAURA M. HERITAGE, DEFENDANTS-RESPONDENTS.

Superior Court of New Jersey, Appellate Division.

Decided October 29, 1954.

Attorney(s) appearing for the Case

Mr. Frank Sahl argued the cause for appellants (Mr. Daniel W. Beckley, of counsel).

Mr. James B. Avis argued the cause for respondents.

Before Judges EASTWOOD, GOLDMANN and SCHETTINO.

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

Counsel agree that the sole issue on this appeal is one of fact: Did plaintiffs' property receive any peculiar benefit, advantage or increase in value by reason of defendant township's laying of a water main in and along Hess Avenue adjoining the property. The Law Division decided a direct benefit did accrue to the property and that the township had the right to assess a due proportion of the cost of the water...

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