Supreme Court of New Jersey, 1931

Flower Hill Cemetery Co. v. Township of North Bergen

Flower Hill Cemetery Co. v. Township of North Bergen
Supreme Court of New Jersey · Decided November 16, 1931
9 N.J. Misc. 1136; 157 A. 123; 1931 N.J. Sup. Ct. LEXIS 97

Flower Hill Cemetery Co. v. Township of North Bergen

Opinion of the Court

Per Curiam.

The respective prosecutors own lands in the above-named township which are devoted to cemetery purposes and consequently under the statutes as expounded in numerous decisions, are exempt from assessment for local improvements. Notwithstanding this exemption, the township undertook to assess said lands for the' construction of a sewer, &c., and these writs were allowed.

The law seems perfectly clear and the township was not even represented by counsel at the argument.

Let the assessments be set aside, with costs in each case.

Case-law data current through December 31, 2025. Source: CourtListener bulk data.