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HILL v. CITY OF SUMMIT

64 N.J. Super. 522 (1960)

166 A.2d 610

NORMAN S. HILL AND BESSIE D. HILL, PLAINTIFFS, v. THE CITY OF SUMMIT, A MUNICIPAL CORPORATION OF NEW JERSEY, AND SUMMIT POST 138, AMERICAN LEGION, DEFENDANTS. (CONSOLIDATED WITH) EDWARD H. SMYTHE, ET AL., PLAINTIFFS, v. THE CITY OF SUMMIT, A MUNICIPAL CORPORATION OF NEW JERSEY, AND SUMMIT POST 138, AMERICAN LEGION, DEFENDANTS.

Superior Court of New Jersey, Law Division.

Decided December 21, 1960.

Attorney(s) appearing for the Case

Messrs. Bourne, Schmid, Burke & Noll, attorneys for plaintiffs Edward H. Smythe et al (Mr. Edward T. Kenyon, appearing).

Messrs. Moser, Griffin & Kerby, attorneys for plaintiffs Norman S. Hill and Bessie D. Hill (Mr. John W. Cooper, appearing).

Mr. Peter C. Triolo, attorney for defendant City of Summit.

Mr. Jacob R. Mantel, attorney for defendant Summit Post 138, American Legion.

Mr. Thomas F. Rhodes, Jr., attorney for amicus curiae The American Legion, Department of New Jersey.

Mr. John Tomasin, attorney for amicus curiae Disabled American Veterans, Department of New Jersey.

FELLER, J.C.C. (temporarily assigned).

Plaintiffs commenced this action in lieu of prerogative writs, and in the second count of the complaint as amended by the pretrial order, allege that on or about February 21, 1956 the Common Council of the City of Summit adopted a resolution authorizing the transfer of vacant city-owned property located at the intersection of Risk Avenue, Constantine Place and Passaic Avenue to...

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