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WHELAN v. THE BOROUGH OF CHATHAM

9 N.J. Super. 341 (1950)

74 A.2d 429

CHARLES E. WHELAN, ET AL., PLAINTIFFS, v. THE BOROUGH OF CHATHAM, DEFENDANT.

Superior Court of New Jersey, Law Division.

June 26, 1950.

Attorney(s) appearing for the Case

For the plaintiffs, Mr. Harold A. Price (Messrs. Schenck, Price, Smith & King, attorneys).

For the defendant, Mr. Oscar F. Laurie.

SMALLEY, J.S.C.

This matter brings before the Court, for review, an ordinance of the Borough Council of the Borough of Chatham, adopted August 1, 1949, providing for the construction of sidewalks along portions of Weston Avenue and along the entire length of Duchamp Place, in the Borough of Chatham.

The ordinance as finally adopted, provided, in part, as follows: "5. That the cost of the construction of said sidewalks shall be borne by the owner or owners...

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