HOMEOWNER'S, ETC. v. SO. PLAINFIELD SEW. AUTH.


60 N.J. Super. 321 (1960)

158 A.2d 847

THE HOMEOWNER'S TAXPAYERS ASSOCIATION OF SOUTH PLAINFIELD, INC., A CORPORATION OF NEW JERSEY, M. THERESA CASLOW, AND GEORGE C. BYRNES, PLAINTIFFS-APPELLANTS, v. THE BOROUGH OF SOUTH PLAINFIELD SEWERAGE AUTHORITY, A MUNICIPAL AUTHORITY, AND THE BOROUGH OF SOUTH PLAINFIELD, A MUNICIPAL CORPORATION, DEFENDANTS-RESPONDENTS.

Superior Court of New Jersey, Appellate Division.

Decided February 5, 1960.


Attorney(s) appearing for the Case

Mr. H. Frank Pettit argued the cause for plaintiffs-appellants.

Mr. Eugene P. Taylor argued the cause for defendant-respondent The Borough of South Plainfield Sewerage Authority (Mr. Joseph C. Doren, attorney).

Before Judges CONFORD, FREUND and HANEMAN.


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

We have before us what purports to be an appeal from an oral judgment dismissing a taxpayers' action in lieu of prerogative writs attacking as illegal and unconstitutional a resolution of the defendant Borough of South Plainfield Sewerage Authority described as "authorizing bond financing for the construction of sewers" in the defendant Borough of South Plainfield, and also sewer rates "proposed" by the Authority...

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