BREUER v. MONTVALE


55 N.J. Super. 369 (1959)

151 A.2d 53

WILLIAM BREUER AND JOSEPH D. PASQUALE, SR., PLAINTIFFS-RESPONDENTS, v. BOROUGH OF MONTVALE, A MUNICIPAL CORPORATION OF THE STATE OF NEW JERSEY, DEFENDANT-APPELLANT.

Superior Court of New Jersey, Appellate Division.

Decided May 6, 1959.


Attorney(s) appearing for the Case

Mr. Harry Randall, Jr., argued the cause for appellant (Messrs. Randall & Randall, attorneys).

Mr. Bruce H. Losche argued the cause for respondents (Messrs. Losche & Losche, attorneys).

Before Judges GOLDMANN, FREUND and HANEMAN.


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

Defendant appeals from that portion of a summary judgment for plaintiffs by which the Law Division declared void a borough ordinance authorizing the construction of sidewalks as a general improvement, i.e., one, the cost of which would be payable entirely from municipal tax revenues.

Three points are urged for reversal of the judgment under appeal: the municipality has the power to construct...

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