Gross v. Board of Commissioners
Gross v. Board of Commissioners
Opinion of the Court
The opinion of the court was delivered by
A writ of certiorari was allowed in this case, to review the proceedings and confirmation by the hoard of assessment commissioners of Jersey City, made on June 12th, 1923, for the widening of Sip avenue from Summit avenue to Bergen avenue, and the widening of Bergen avenue from the northerly side of Bergen square to Sip avenue, Jersey City, Yew Jersey. The commissioners determined the total cost is $572,570.49. The total amount of awards to landowners is $564,120.49. The total amount of benefits assessed is $268,560. Amount to be paid by the city at large is $304,010.49.
The proceedings were taken under the provisions of an act of the legislature concerning municipalities (Pamph. L. 1917, p. 319, and Pamph. Ij. 1921, p. 511), known as the Home Rule act. By the latter act (Pamph. L. 1921, p. 514, § 42), it
The prosecutor attacks the legality of the proceedings and the confirmation of the awards. He argues four points in the brief — first, no notice was given by the assessment commissioners that assessments for benefit would be made; second, no improvements have been made, assessment for benefits should not have been made; third, the resolution of the board of commissioners as to the payment of awards does not conform with "the report and schedules of the commissioners of assessment; fourth, the report, map and schedules are contrary to the provisions of the statute.
There is no legal merit in the first ground of attack. The notice of January 27th, 1923, providing for a public hearing for Tuesday, February 6th, 1923, follows identically the language of the statute. The word “improvement” is used in both statute and notice. Pamph. L. 1917, p. 374, § 9. The word “improvement” is most comprehensive as defined in the statute {Pamph. L. 1917, p. 370, § 1): “A local improvement is one, the cost of which, or a portion thereof, may be assessed upon lands in the vicinity thereof benefited thereby.” The notice recites the statute under which the improvement is to be made and under which assessments for benefits were levied.
Second. Fo improvement has been made. The contention of the prosecutor is that, only upon the completion of the work on the ground may an assessment for benefits be levied. An assessment for benefits is provided for in Pamph. L. 1917, § 1, p. 370, sections 14, 16 to 21, p. 377, and section 30, p. 383. Pamph. L. 1921, p. 511, § 22, provides: “In addition to the
Third. The resolution of the hoard of commissioners as to the payment of awards does not conform with the report and
The same is true as to the fourth reason, viz., the report, map and schedule are contrary to the provisions of the statute. The specific point made under this head is that the proceedings for the condemnation of lands and the proceedings for the assessment of benefits cannot be combined. The answer to this is found in the statute. Pamph. L. 1921, p. 511, §§ 22, 23. The provisions of the statute have been followed.’ It is difficult to see how such proceedings are rendered illegal, or how the prosecutor is injured by combining the two proceedings. These are all the points argued. Reasons not argued in the brief will be taken as waived or abandoned. Reinfeld v. Laden, post p. 709.
The proceedings and the assessment for benefits are affirmed, with costs.
Case-law data current through December 31, 2025. Source: CourtListener bulk data.