Mayor of Paterson v. Town of Kearny
This text of 93 A. 1086 (Mayor of Paterson v. Town of Kearny) 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.
Opinion
This, like the case of the Mayor and Aldermen of Paterson v. Jersey City, was a certiorari proceeding attacking the validity of an order of a justice of the Supreme Court, appointing commissioners to condemn the right to take, and divert perpetually, water from the Roekaway river sufficient in quantity to supply the inhabitants of Kearny with that ¿necessity. The judgment of the Supreme Court was in favor of the right of Kearny to maintain the condemnation proceedings.
The objection that the respondent is seeking, by this proceeding, to condemn property already devoted to public use, is disposed of by our opinion in the case just adverted io, brought by Paterson against Jersey City.
As to the other grounds of appeal argued before us we concur in the views expressed by the Supreme Court in the opinion delivered by it in the present case.
The judgment under review will be affirmed.
For affirmance—The Chancellor, Chime Justice, Garrison, Trenoitard, Parker, Bergen, Black, Bogert, Vre-DENBURGH, WHITE, HePPENIIEIMBR, WILLIAMS, JJ. 12.
For reversal—None.
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Cite This Page — Counsel Stack
93 A. 1086, 87 N.J.L. 327, 2 Gummere 327, 1915 N.J. LEXIS 226, Counsel Stack Legal Research, https://law.counselstack.com/opinion/mayor-of-paterson-v-town-of-kearny-nj-1915.