WILSON COALITION v. CITY OF SUMMIT


245 N.J. Super. 616 (1990)

586 A.2d 346

WILSON COALITION, AN UNINCORPORATED TAXPAYERS ASSOCIATION AND JOHN SALINGER, PLAINTIFFS, v. MAYOR AND COMMON COUNCIL OF THE CITY OF SUMMIT, DEFENDANTS.

Superior Court of New Jersey, Law Division Union County.

November 29, 1990.


Attorney(s) appearing for the Case

Herbert A. Vogel for plaintiffs (Vogel, Chait, Schwartz & Collins, attorneys).

William B. Butler for defendants (Hooley, Butler, DiFrancesco & Kelly, attorneys).


BEGLIN, A.J.S.C.

This is a case of first impression, concerning the ability of a municipality to acquire property and simultaneously lease it to nonprofit community agencies.

In 1957, the City of Summit purchased a four and one-half-acre tract of land adjoining an 11-acre city park. The agreement of purchase recognized the city's need to build a new school on a portion of the site and "its future municipal needs for the remainder of the premises." The property...

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