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JERSEY CITY MERCHANTS COUNCIL v. JERSEY CITY

71 N.J. Super. 156 (1961)

176 A.2d 500

JERSEY CITY MERCHANTS COUNCIL, A CORPORATION OF NEW JERSEY, HARRY F. SALOMON AND CHARLES B. SWENSEN, INC., A CORPORATION OF NEW JERSEY, PLAINTIFFS-APPELLANTS, v. CITY OF JERSEY CITY, A MUNICIPAL CORPORATION, AND PHILIP B. ROBINSON, DEFENDANTS-RESPONDENTS.

Superior Court of New Jersey, Appellate Division.

Supplemental Briefs filed December 4, 1961.

Decided December 26, 1961.

Attorney(s) appearing for the Case

Mr. Atwood C. Wolf argued the cause for appellants (Messrs. Wolf & Baumann, attorneys; Mr. Wolf, on the brief).

Mr. Joseph G. Mintz, Assistant Corporation Counsel, argued the cause for respondent City of Jersey City (Mr. Ezra L. Nolan, Corporation Counsel, attorney; Mr. Mintz, on the brief).

Mr. Benjamin H. Chodash argued the cause for respondent Philip B. Robinson (Messrs. Krieger and Chodash, attorneys).

Before Judges GOLDMANN, FOLEY and ROSEN.

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

Plaintiffs instituted a taxpayers' action in lieu of prerogative writs to set aside a public sale by defendant municipality to defendant Robinson of certain city-owned land, and to declare such sale, the resolution which authorized it, and the resolution purporting to confirm it, to be ultra vires and therefore void. The case was tried before the Law...

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