Austermuhl v. Borough of Collingswood
Austermuhl v. Borough of Collingswood
Opinion of the Court
The rule in this case is for a writ of certiorari to review an ordinance of the borough of Collingswood providing for the regulation and use of fences and fence materials, and providing a penalty for the violation thereof. The ordinance prohibits the erection of any fence above four feet in height
Proofs were taken in pursuance of the rule and apparently from these it would appear that the ordinance as to the prosecutor’s property was illegal under such cases as Passaic v. Paterson Bill Posting Co., 72 N. J. L. 285; 62 Atl. Rep. 267, but without so deciding at this stage of the proceedings, it is sufficient to say that the writ will be allowed.
Case-law data current through December 31, 2025. Source: CourtListener bulk data.