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RUTAN ESTATES, INC. v. TOWN OF BELLEVILLE

52 N.J. Super. 365 (1958)

145 A.2d 521

RUTAN ESTATES, INC., A NEW JERSEY CORPORATION, PLAINTIFF, v. TOWN OF BELLEVILLE, A MUNICIPAL CORPORATION OF THE COUNTY OF ESSEX, DEFENDANT.

Superior Court of New Jersey, Law Division.

Decided October 3, 1958.

Attorney(s) appearing for the Case

Mr. Max Sherman, attorney for plaintiff.

Mr. Lawrence E. Keenan, attorney for defendant.

COOLAHAN, J.S.C.

The present action seeks judicial review of the validity of an ordinance adopted by the defendant Town of Belleville on July 23, 1957.

The plaintiff, Rutan Estates, Inc., a housing development corporation, has constructed within the confines of Belleville a development consisting of approximately 70 units. The challenged ordinance provides that the cost of water main extensions to the housing development shall be assessed as a local improvement...

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