Wendel v. Bd. of Educ. of City of Hoboken
| Decision Date | 15 June 1908 |
| Citation | 76 N.J.L. 499,70 A. 152 |
| Parties | WENDEL v. BOARD OF EDUCATION OF CITY OF HOBOKEN. |
| Court | New Jersey Supreme Court |
Error to Supreme Court.
Certiorari by John G. Wendel against the board of education of the city of Hoboken to review an order appointing condemnation commissioners. From a judgment of the Supreme Court (66 Atl. 1075) affirming the order, Wendel brings error. Reversed.
Collins & Corbin, for plaintiff in error.
Horace L. Allen, Theodore Backes, and Nelson B. Gaskill, for defendant in error.
This writ of error brings up for review a judgment of the Supreme Court in a certiorari proceeding affirming the validity of an order made under the (P. L. 1900, p. 79), appointing commissioners to condemn lands of Wendel, the prosecutor, for public school purposes. The order is attacked upon two grounds: First, that the board of education of the city of Hoboken has no power to acquire lands by condemnation; and, second, if it be considered that such power resides in the board, the right to exercise it in this particular case is wanting, for the reason that the necessary prerequisites are lacking.
The first ground of attack is fully considered in the opinion of the Supreme Court, and the conclusion there expressed that the power to acquire lands for school purposes, by condemnation proceedings, resides in the defendant board. We fully concur in that conclusion, and find the reasoning upon which it is rested so convincing as to require nothing to be added by us in the way of discussion.
The second ground upon which the validity of the order is challenged seems to have been overlooked by the Supreme Court, although it was mooted before that tribunal. The petition of the board of education upon which the order is founded, after reciting that by the" general school law of 1903 the right to acquire lands by the exercise of the power of eminent domain is vested in It, sets forth that the board by resolution determined to acquire the lands of the prosecutor for the purpose of erecting a high school building thereon, and delegated one of their members to call upon him and request him to fix a price therefor; that this was done, and that the prosecutor thereupon refused to name any price for the land or to sell it to the board; that, upon this fact being reported to the board, it passed another resolution, whereby it directed the corporation attorney to institute proceedings to condemn the property....
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...Co., 55 N. J.L. 194, 26 A. 145; West Jersey & Seashore R. Co. v. Ocean City R. Co., 61 N. J.L. 506, 39 A. 1024; Wendel v. Board of Education of Hoboken, 76 N.J.L. 499, 70 A. 152; Sisters of Charity v. Morris Railroad Co., supra; Sisters of Charity v. Morris Railroad Co., 83 N.J.L. 132, 83 A......
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