City of Rahway v. Raritan Homes, Inc., A--514
| Decision Date | 03 October 1952 |
| Docket Number | No. A--514,A--514 |
| Citation | 91 A.2d 409,21 N.J.Super. 541 |
| Parties | CITY OF RAHWAY v. RARITAN HOMES, Inc. |
| Court | New Jersey Superior Court — Appellate Division |
James F. Patten, Rahway, for appellant.
Huyler E. Romond, Perth Amboy, for respondent (Toolan, Haney & Romond, Perth Amboy, attorneys; John E. Toolan, Perth Amboy, of counsel).
Before Judges McGEEHAN, BIGELOW and SMALLEY.
The opinion of the court was delivered by
BIGELOW, J.A.D.
The City of Rahway appeals from an order of the Chancery Division which denied a motion for an interlocutory injunction restraining the defendant from selling any part of certain lands in Rahway.
The action is based on R.S.40:55--15, as amended, N.J.S.A. The section is part of Article I comprising 21 sections which have their source in L.1930, c. 235. The article, as amended authorizes the appointment of a municipal planning board whose initial task is the preparation of a master plan for the physical development of the municipality. The master plan may then be established by ordinance as the 'official map of the municipality.' Sections 12 to 15 relate to subdivisions of land within the municipality. The governing body may, by ordinance, authorize the planning board to adopt regulations governing the subdivision of land and to approve or disapprove any plat of a subdivision submitted to it, 'taking due regard to its conformity with the master plan and with the official map.' Any landowner aggrieved by the action of the planning board with respect to a plat may appeal to the governing body which, after hearing, may overrule the planning board. No plat of a subdivision shall be accepted for filing by the county clerk or register of deeds until it has been approved by the planning board or the governing body. Now comes the provision on which the plaintiff relies: If a landowner transfers or sells or agrees to sell any land which forms part of a subdivision before such division has been approved, the municipality may maintain a suit to restrain the sale and to set aside any conveyance by which the transfer has been made.
In the case before us, the defendant owns a considerable tract of land in Rahway on which it has built a number of duplex dwellings which it is offering separately for sale. These are the sales which plaintiff seeks to enjoin.
But the plaintiff has not taken advantage of the statute by establishing a planning board. It has no master plan for the development of Rahway,...
To continue reading
Request your trial
-
Kozesnik v. Montgomery Tp.
...no reference may be made to a planning board prior to the adoption of a master plan, plaintiffs cite City of Rahway v. Raritan Homes, Inc., 21 N.J.Super. 541, 91 A.2d 409 (App.Div.1952), and City of Newark v. Padula, 26 N.J.Super. 251, 97 A.2d 735 (App.Div.1953). Neither case touches the pr......
-
Gruber v. Mayor and Tp. Committee of Raritan Tp.
...321, 100 A.2d 698 (App.Div.1953). Even stronger evidence of such a requirement can be found in City of Rahway v. Raritan Homes, Inc., 21 N.J.Super. 541, 91 A.2d 409 (App.Div.1952). There the court held that plaintiff could not attempt to impose the sanctions of R.S. 40:55--15, N.J.S.A., upo......
-
Kligman v. Lautman
...River Golf & Country Club v. Borough of New Shrewsbury, 30 N.J. 132, 135, 152 A.2d 135 (1959); City of Rahway v. Raritan Homes, Inc., 21 N.J.Super. 541, 91 A.2d 409 (App.Div.1952); Gruber v. Raritan Township, 68 N.J.Super. 118, 129--134, 172 A.2d 47 (Law Div.1961), reversed on other grounds......
-
City of Newark v. Padula
...or here. We might properly affirm the dismissal without considering the points raised by counsel (City of Rahway v. Raritan Homes, Inc., 21 N.J.Super. 541, 543, 91 A.2d 409 (App.Div.1952)), but we choose to dispose of the appeal on the It is undisputed that the one-acre plot was sold and th......