Flower Hill Cemetery Co. v. Township of North Bergen

Supreme Court of New Jersey

Flower Hill Cemetery Co. v. Township of North Bergen

157 A. 123, 9 N.J. Misc. 1136, 1931 N.J. Sup. Ct. LEXIS 97

DecidedNovember 16, 1931

StatusPublished

This text of 157 A. 123 (Flower Hill Cemetery Co. v. Township of North Bergen) is published on Counsel Stack Legal Research, covering Supreme Court of New Jersey primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

Flower Hill Cemetery Co. v. Township of North Bergen, 157 A. 123, 9 N.J. Misc. 1136, 1931 N.J. Sup. Ct. LEXIS 97 (N.J. 1931).

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Opinion

Per Curiam.

The respective prosecutors own lands in the above-named township which are devoted to cemetery purposes and consequently under the statutes as expounded in numerous decisions, are exempt from assessment for local improvements. Notwithstanding this exemption, the township undertook to assess said lands for the' construction of a sewer, &c., and these writs were allowed.

The law seems perfectly clear and the township was not even represented by counsel at the argument.

Let the assessments be set aside, with costs in each case.

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Per Curiam.

The respective prosecutors own lands in the above-named township which are devoted to cemetery purposes and consequently under the statutes as expounded in numerous decisions, are exempt from assessment for local improvements. Notwithstanding this exemption, the township undertook to assess said lands for the' construction of a sewer, &c., and these writs were allowed.

The law seems perfectly clear and the township was not even represented by counsel at the argument.

Let the assessments be set aside, with costs in each case.

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Bluebook (online)

157 A. 123, 9 N.J. Misc. 1136, 1931 N.J. Sup. Ct. LEXIS 97, Counsel Stack Legal Research, https://law.counselstack.com/opinion/flower-hill-cemetery-co-v-township-of-north-bergen-nj-1931.