Bergen Bus Line, Inc. v. Hackensack Improvement Commission
Bergen Bus Line, Inc. v. Hackensack Improvement Commission
Opinion of the Court
This case is before us on a writ of certiorari. The writ is directed to the Hackensack improvement commission, the governing body of the city of Hackensack. It brings up
Colando made an application in writing to the commission. It did not comply with the requirements of the ordinance as above set forth. It only stated the number of buses to be operated, the proposed route, and a statement that he agreed to comply with all the rules, regulations and ordinances of the commission. The ordinance also provided that the application should be acted upon within thirty days. When received it was laid over thirty days and referred to the police department to investigate as to the route. The application was received February 16th, 1925. It was not acted upon until April 20th, 1925. No Teport was made by the police department.
The general ordinance also required that the commission should determine that the granting of the license was necessary or' advisable in the interest of the public welfare. Nó such determination was made. The commission having en
No attack is made upon the status of the prosecutor. In fact, no brief has been filed in behalf of the defendant. The record does not disclose whether or not the prosecutor has such a personal or property interest as will be especially and immediately affected by the action of the commission in granting the license referred to. This is necessary. Montgomery v. Trenton, 36 N. J. L. 79; Tallon v. Hoboken, 60 Id. 212. The presumption is that the standing of the prosecutor was passed on at the time of the allowance of the writ. In the absence of any attack upon the standing of the prosecutor this presumption will be deemed to continue.
The resolution brought up by the writ is set aside, with costs.
Reference
- Full Case Name
- BERGEN BUS LINE, INCORPORATED, PROSECUTOR v. HACKENSACK IMPROVEMENT COMMISSION
- Status
- Published