State ex rel. Eckert v. Board of Aldermen

Supreme Court of New Jersey
State ex rel. Eckert v. Board of Aldermen, 7 N.J. Misc. 850 (N.J. 1929)
147 A. 380; 1929 N.J. Sup. Ct. LEXIS 150

State ex rel. Eckert v. Board of Aldermen

Opinion of the Court

Per Curiam.

This writ of certiorari brings up for review a resolution of the board of aldermen of the city of Paterson appointing .commissioners to divide the city of Paterson into wards. The action of the city is based upon chapter 264 of the laws of 1929, which grants power to change ward lines to β€œany municipality having a board of aldermen.” This classification contravenes article 4, section 7, subdivision 11 of the constitution of the state. See Ross v. Winsor, 48 N. J. L. 96; Dobbins v. Long Branch, 59 Id. 146; Delaware River Transportation Co. v. Trenton, 86 Id. 48; affirmed, 86 Id. 679, and Hueston v. Atwater, 97 Id. 414.

This view makes it unnecessary to consider the other points raised.

The resolution will be set aside.

Reference

Full Case Name
THE STATE OF NEW JERSEY, EX REL. CHARLES S. ECKERT, PROSECUTORS v. THE BOARD OF ALDERMEN OF THE CITY OF PATERSON
Cited By
1 case
Status
Published