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RUTAN ESTATES, INC. v. TOWN OF BELLEVILLE

56 N.J. Super. 330 (1959)

152 A.2d 853

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

Superior Court of New Jersey, Appellate Division.

Decided June 25, 1959.

Attorney(s) appearing for the Case

Mr. Lawrence E. Keenan argued the cause for appellant.

Mr. Rodman Elfin argued the cause for respondent (Mr. Max Sherman, attorney).

Before Judges GAULKIN, SULLIVAN and FOLEY.

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

In this action in lieu of prerogative writ the Law Division set aside as invalid that portion of a local improvement ordinance for the installation of water mains which provided for the assessment of the cost thereof upon abutting lands owned by Rutan Estates, Inc. (Rutan). The trial court held that since all other water mains throughout the town of Belleville...

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