Wendel v. Bd. of Educ. of City of Hoboken

• Decision Date: 17 June 1907
• Citation: 66 A. 1075,75 N.J.L. 70
• Parties: WENDEL v. BOARD OF EDUCATION OF CITY OF HOBOKEN.
• Court: New Jersey Supreme Court

66 A. 1075

75 N.J.L. 70

WENDEL

v. BOARD OF EDUCATION OF CITY OF HOBOKEN.

Supreme Court of New Jersey.

June 17, 1907.

(Syllabus by the Court.)

Certiorari by John G. Wendel against the board of education of the city of Hoboken to review an order appointing condemnation commissioners. Affirmed.

Argued February term, 1907, before FORT, HENDRICKSON, and PITNEY, JJ.

Collins & Corbin, for prosecutor. James F. Minturn, for defendant.

FORT, J. This writ brings up an order of a justice of the Supreme Court appointing commissioners to condemn land for a public school building in the city of Hoboken. The order of the justice is challenged upon the ground that there is no power in the school board of that city to condemn lands for the reason that the powers to condemn given to school boards by the general school law of October 19, 1903, does not extend to the school board of the city of Hoboken, nor to any school board not created in accordance with sections 38 or 39 of the general school act of 1903 (P. L. 1903, p. 17).

We take a different view of the law applicable to this case. By section 45 of the general school act of 1903 the board of education in any city school district is declared to be a body corporate by the name of the board of education of the city in which it is, and is authorized to have an official seal. By section 47 of that act said board is authorized in and by its corporate name * * * to take and condemn land and other property for school purposes in the manner provided by law regulating the ascertainment and payment of compensation for property condemned or taken for public use. This confers upon such a board the power to take proceedings for condemnation provided by the general condemnation act (P. L. 1900, p. 79). By section 246 of the general school law all provisions of this act and all acts and parts of acts, general, special, and local, so far as they are inconsistent with the provisions of this act, are hereby repealed. By section 40 of the school act of 1903 it is provided as follows: "In any city school district, until the organization of a board of education in such school district, as provided in sections 38 or 39 of this act, the administration and conduct of the public school, and the management and control of the public school property therein, shall remain in and shall be exercised by any board of education or other body heretofore having control of the public schools therein. Said board of education or other body shall be hereafter deemed to be incorporated under the provisions of section 45 of this act, and shall...