Walker v. N. Bergen Tp. in Hudson County
| Decision Date | 12 March 1913 |
| Citation | 84 N.J.L. 248,86 A. 63 |
| Parties | WALKER v. NORTH BERGEN TP. IN HUDSON COUNTY et al. |
| Court | New Jersey Supreme Court |
Certiorari by Herman Walker, prosecutor, against the Township of North Bergen, in the County of Hudson, and. others, to review a resolution and award of a contract for the construction of a sewer. Resolution and contract set aside.
Argued November term, 1912, before SWAYZE, VOORHEES, and KALISCH, JJ.
Collins & Corbin, of Jersey City, for prosecutor.
William D. Edwards, of Jersey City, for defendants.
The township of North Bergen, by resolution, awarded to Edward P. O'Neill a contract for the construction of a sewer under the west sidewalk of the Hudson county boulevard where the same traverses the township. The proceedings appear to have been taken under the act of 1902. P. L. p. 466; Comp. Stats, p. 5621.
The Hudson Boulevard is a public road constructed under the laws of 1888 (Comp. Stats, p. 4503). By a supplement of 1892 (Comp. Stats, p. 4515, pl. 222 et seq.) sewers and sewer connections beneath the surface of any public road constructed under said act of 1888 have to be in accordance with a plan previously adopted by the board of chosen freeholders of the county. By an act passed in 1898 (Comp. Stats, p. 4526) the powers of the board with respect to such county roads have been transferred to and vested in the board of boulevard commissioners.
The prosecutor attacks the legality of the award of the contract because the township made such award before it had obtained the consent of the board of boulevard commissioners as is required under the act of 1892) Comp. Stats, p. 4515, pl. 222 et seq.). It appears that the consent of the board of boulevard commissioners had not been obtained to the plan of work proposed to be done by the township under the contract. It is also clear from Id. pl. 222 et seq. that the township has no right to interfere with the boulevard without the consent of the board of boulevard commissioners.
The reasoning of the Court of Errors and Appeals, in an opinion by Justice Swayze in Wilson v. Collingswood, 81 N. J. Law, 634, 80 Atl. 335, is applicable to the facts of this case, and is authority for our holding that the lack of consent as above indicated of the board of boulevard commissioners makes the award of the contract invalid.
A further contention of the prosecutor is that the contract as awarded imposes upon the taxpayers an improper burden of expense, in that it saddles the...
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