Vreeland v. Mayor

• Decision Date: 06 June 1895
• Citation: 32 A. 68,58 N.J.L. 126
• Parties: VREELAND et al. v. MAYOR, ETC., OF CITY OF BAYONNE.
• Court: New Jersey Supreme Court

32 A. 68

58 N.J.L. 126

VREELAND et al.

v. MAYOR, ETC., OF CITY OF BAYONNE.

Supreme Court of New Jersey.

June 6, 1895.

(Syllabus by the Court.)

Certiorari, at the suit of Marie A. Vreeland and another, against the mayorand council of the city of Bayonne, to confirm assessments for a public sewer. Judgment for prosecutors.

Argued February term, 1895, before LIPPINCOTT and DIXON, JJ.

Mr. Benny, for city of Bayonne.

Mr. Mount, Mr. Thompson, and Mr. Barkalow, for property owners.

DIXON, J. Between September, 1888, and February, 1891, the city of Bayonne constructed a main sewer from New York Bay, through Fiftieth street, to Avenue E, with one branch running south, through Avenue E, to near Fortieth street; another branch running north, through Avenue E, to Fifty-Second street, through Fifty-Second street to Avenue D, and through Avenue D to near Forty-Sixth street; and a third branch from Avenue D and Fifty-Second street, through Fifty-Second street, to Avenue C, and through Avenue C, north to Fifty-Third street, and south to Forty-Fifth street. In February, 1893, the entire assessments levied by the city authorities for these improvements were set aside by this court, pursuant to the opinion delivered in Vreeland v. City of Bayonne, 54 N. J. Law, 488, 24 Atl. 480; and this court appointed three commissioners to levy new assessments, proceeding under the certiorari act (Revision, p. 99, § 10; Supp. Revision, p. 85, § 1), and the act of March 23, 1881 (Supp. Revision, p. 602, par. 487). On the coming in of the commissioners' reports, notice was given to the parties interested of an application by the city to confirm the assessments; and in pursuance of such notice all parties are now before the court, with proofs taken, and their counsel have been heard.

The only questions now to be considered are such as relate to the fairness and legality of the new assessments. Sandford v. Kearny Tp., 51 N. J. Law, 473, 18 Atl. 349. With respect to present benefits, the conduct of the commissioners seems to have been legal, and we do not find sufficient evidence that their conclusions are not, in the main, reasonable. But we think that in one particular their assessments should, in justice, be modified. It appears that from the outlet of the sewer through Fiftieth street to Avenue E, and in Avenue E, between Forty-Sixth street and Fifty-Second street, and in Fifty-Second street between Avenue E and Avenue D, the sewer is built almost entirely through earth, while south of Forty-Sixth street, on Avenue E, and beyond the corner...