Lavin v. City of Camden
Lavin v. City of Camden
Opinion of the Court
The opinion of the court was delivered
These are taxpayer’s actions. In the Lavin matter, plaintiff attacked an ordinance of the City of Camden guaranteeing the payment of bonds of the Parking Authority of the City of Camden. The trial court gave judgment for defendants. Lavin v. City of Camden, 71 N. J. Super. 71 (Law Div. 1961). The city then adopted an ordinance appropriating moneys and authorizing the issuance of bonds or notes for parking improvements, the intent being to purchase substantially all of the properties of the Parking Authority. That ordinance was assailed in the Brandt matter. The trial court upheld the ordinance. Brandt Enterprises, Inc. v. City of Camden, 76 N. J. Super. 30 (Law. Div. 1962). We certified the appeals in both matters prior to argument in the Appellate Division.
The Lavin case is moot since the ordinance there questioned was repealed by the ordinance involved in Brandt. Counsel for the taxpayer so concedes, but urges the same issue should be accepted in the Brandt case. In the circumstances we accept it. That issue is whether the Parking Authority Law, N. J. S. A. 40:11A-1, et seq., delegates legislative power without adequate standards. We see no merit in any of the criticisms advanced.
We agree with the trial court’s disposition of the Brandt matter, except with respect to its omission to decide
The judgments are affirmed.
For affirmance — Chief Justice Weintratjb, and Justices Jacobs, Francis, Pboctor, Hall, Schettino and Hane-han — -7.
For reversal — None.
Reference
- Full Case Name
- HARRY G. LAVIN v. CITY OF CAMDEN AND THE ATTORNEY GENERAL OF NEW JERSEY, DEFENDANTS-RESPONDENTS, AND PARKING AUTHORITY OF THE CITY OF CAMDEN, INTERVENOR-RESPONDENT BRANDT ENTERPRISES, INC., A CORPORATION v. CITY OF CAMDEN AND PARKING AUTHORITY OF THE CITY OF CAMDEN, DEFENDANTS-RESPONDENTS
- Status
- Published