Kohlreiter v. Mackay
Kohlreiter v. Mackay
Opinion of the Court
This writ of certiorari brings up for review the order made 'by Circuit Court Judge Mackay confirming assessments for
In so far as the prosecutors seek to attack the ordinances and resolutions providing for the work, assuming that the reasons filed are sufficient for the purpose, they are clearly in laches, and under a long line of cases in this court, will not now be permitted to raise those objections which, if diligently and successfully pressed, would have stopped the work and saved the expense. McKevitt v. Hoboken, 45 N. J. L. 482; Durrell v. Woodbury, 74 Id. 206; 65 Atl. Rep. 198; Pico v. North Arlington, 7 N. J. Mis. R. 22; 143 Atl. Rep. 861.
Further, in the stipulation of facts submitted in lieu of the testimony taken, it is stated: “That the prosecutors admit that the ordinances were legally passed and the assessments legally and properly levied and all proceedings were legal and regular, except as may appear from this stipulation.” Nothing appears in the stipulation which suggests impropriety in the adoption of the resolutions or ordinances.
The other reasons for reversal appear to deal with the fairness of the assessments. The reasons are vague and uncertain, but under reasons 1, 4, 5, 8, 10, 12, 13 and 14 it is
Under reasons Nos. 2, 3, 6, 7 and 9, it is argued' that the assessments were composed of unjust and unfair items. Reason Ho. 2 reads: “The assessment under ordinance 785 was composed of unfair and unjust items.” Ho. 3 reads: “The assessment under ordinance 793 was composed of unfair and unjust items.” 6. “Because compound interest was charged in violation of law.” 7. “Because items were added to the alleged cost of the improvements which were not expended in accordance with, law and were just made arbitrarily.” 9. “Because interest was illegally compounded and added, covering a period not prescribed by law.” Each of these reasons fails to point out the item, the amount or the time alleged to have been improperly considered.
We have, however, considered the points argued and conclude that they are without merit. The acquisition of the land was provided for in an ordinance, and the Home Rule act authorizes such action.
The municipality did not include interest beyond the rea-N sonable cost of financing the improvement and this was proper. Kohler v. Guttenberg, 38 N. J. L. 419; Davis v. Newark, 54 Id. 144; 23 Atl. Rep. 276; Chamber of Commerce v. Essex County, 96 N. J. L. 238; 114 Atl. Rep. 426.
The last point is that the inclusion of the item of $547.52 for sidewalks is illegal. Ordinance 785 provided for such sidewalks and authority for such action is found in the Home Rule act. Hoboken v. Babbitt, 2 N. J. Mis. R. 505; affirmed, 101 N. J. L. 403, et seq.; 128 Atl. Rep. 266.
The order of the Passaic County Circuit Court under review is affirmed, with costs.
Case-law data current through December 31, 2025. Source: CourtListener bulk data.