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ROBBINS v. JERSEY CITY

23 N.J. 229 (1957)

128 A.2d 673

ELLIOTT ROBBINS AND JERSEY CITY ASSOCIATION FOR THE SEPARATION OF CHURCH AND STATE, PLAINTIFFS-APPELLANTS, v. CITY OF JERSEY CITY, A MUNICIPAL CORPORATION, ET ALS., DEFENDANTS-RESPONDENTS.

The Supreme Court of New Jersey.

Argued December 10, 1956.

Decided January 21, 1957.

Attorney(s) appearing for the Case

Mr. Aaron Marder argued the cause for the plaintiffs-appellants.

Mr. James F.X. O'Brien argued the cause for the defendant-respondent Seton Hall College of Medicine and Dentistry (Messrs. James F.X. O'Brien and James P. Mylod, attorneys).

Messrs. McCarter, English & Studer, attorneys for defendant-respondent George A. Fuller Co. (Mr. Augustus C. Studer, Jr., of counsel).

Mr. James A. Tumulty, Jr., Corporation Counsel of the City of Jersey City, attorney for defendant-respondent City of Jersey City (Mr. Francis X. Hayes, Assistant Corporation Counsel, of counsel).

Mr. Frederick J. Gassert, Hudson County Counsel, attorney for defendant-respondent County of Hudson (Mr. Lewis B. Eastmead, Assistant County Counsel, of counsel).

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

The instant complaint in lieu of prerogative writ sought to attack the validity of certain leases negotiated between defendants City of Jersey City and Seton Hall College of Medicine and Dentistry, a body corporate of this State and an educational institution. Following entry of summary judgment for the defendants the plaintiffs pursued an appeal in the Superior Court, Appellate Division, and we certified the cause...

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