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ASBURY PARK PRESS, INC. v. CITY OF ASBURY PARK

19 N.J. 183 (1955)

115 A.2d 564

ASBURY PARK PRESS, INC., AND WAYNE D. McMURRAY, PLAINTIFFS-APPELLANTS, v. CITY OF ASBURY PARK, A MUNICIPAL CORPORATION, AND AARON M. GLASER, DEFENDANTS-RESPONDENTS.

The Supreme Court of New Jersey.

Decided June 27, 1955.

Attorney(s) appearing for the Case

Mr. Leon S. Milmed argued the cause for the plaintiffs-appellants (Messrs. Goldstein & Novogrod, attorneys).

Mr. Milton M. Unger argued the cause for the defendant-respondent Aaron M. Glaser (Messrs. Milton M. and Adrian M. Unger, attorneys).

Mr. Sidney J. Meistrich argued the cause for the defendant-respondent City of Asbury Park (Messrs. Milton M. and Adrian M. Unger, of counsel).

The opinion of the court was delivered by BURLING, J.

This is a taxpayer's action, in lieu of prerogative writ, instituted by Asbury Park Press, Inc., and Wayne D. McMurray, hereinafter called the plaintiffs, against the City of Asbury Park, a municipal corporation, and Aaron M. Glaser, hereinafter called the defendants, to prevent the making of a lease by the City of Asbury Park to Glaser of stores situated on the Asbury...

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