Stevenson v. Atlantic City Real Estate Board
Stevenson v. Atlantic City Real Estate Board
Opinion of the Court
The purpose of the present proceeding is to compel the Atlantic City real estate board to reinstate the relator, Stevenson, to membership in that body, he having originally been a member thereof, but having been, as he claims, wrongfully expelled therefrom.
We are unable to perceive from a reading of the by-law anything showing that the defendant hoard or its arbitration committee had any jurisdiction over the matter of the validity of the relator’s claim against Shenkman. The latter was not a party to the. arbitration, was not a member of the board, and was not affected by the decision of the arbitration committee. The by-law, as we construe it, limits the power of the arbitration committee to the determination of differences between members of the board; tod, consequently, when the committee undertook to go outside of the power thus conferred, and assumed to settle matters in difference between
We conclude, therefore, that the expulsion of the relator from membership in the board for violating a finding of the arbitration committee, in a matter over which it had no jurisdiction, was without legal justification, and that the relator is entitled to a peremptory writ, commanding the respondent to restore him to membership therein.
Reference
- Full Case Name
- JOHN J. STEVENSON v. ATLANTIC CITY REAL ESTATE BOARD
- Cited By
- 1 case
- Status
- Published