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SCHAD v. SEA ISLE CITY

127 N.J. Super. 196 (1974)

316 A.2d 731

FRANCIS X. SCHAD AND MARIE SCHAD, HIS WIFE; MILDRED M. HASSLER, GEORGE A. KLITSCH, JR., AND BESSIE KLITSCH, HIS WIFE; WILLIAM J. THIEDE AND DOROTHY H. THIEDE, HIS WIFE; JOHN DONNELLY AND MRS. JOHN DONNELLY; DAUGHTERS OF THE MOST HOLY REDEEMER, INC.; JOSEPH D'ANGELO AND KATHERINE F. D'ANGELO, HIS WIFE; G. STEFANO AND A. STEFANO; EUGENE SPIEGEL AND MRS. EUGENE SPIEGEL; GEORGE T. COLLINS; WILLIAM D. RILEY AND JEANNE D. RILEY, HIS WIFE; FRANK L. TAVANI AND MARY R. TAVANI, HIS WIFE; MARY G. HAFFEY; MARY ANN DONAHUE; FRANCIS ROMMELMAN, AND E.A. ROMMELMAN; CATHERINE M. GRIFFITH, AND EDWARD J. GRIFFITH, HER HUSBAND; J. McKEE; JAMES J. COONEY AND HELEN J. COONEY, HIS WIFE; MARY V. DELANEY; R. GLEMSER; STANLEY J. BEDNAREK AND REGINA M. BEDNAREK, HIS WIFE; JOAN LEDDY; GEORGE B. RAMSEY; THOMAS A. DORIS AND HELEN H. DORIS, HIS WIFE; J. KING; ABRAHAM L. FREEMAN AND ARLENE M. FREEMAN, HIS WIFE; JOHN U. SALZMANN AND MARY M. SALZMANN, HIS WIFE; ANTHONY J. EDWARDI AND MARY V. EDWARDI, HIS WIFE, PLAINTIFFS, v. CITY OF SEA ISLE CITY; FREDERICK FOURQUREAN; DAVID A. FARINI, AND ALBERT WEISS, COMMISSIONERS OF ASSESSMENT OF THE CITY OF SEA ISLE CITY, JOINTLY, SEVERALLY OR IN THE ALTERNATIVE; DOMINICK C. RAFFA; ALFRED P. LIGNELLE AND WILLIAM R. WILSEY, DEFENDANTS.

Superior Court of New Jersey, Law Division.

Decided February 26, 1974.

Attorney(s) appearing for the Case

Mr. Anthony D. Buonadonna for plaintiffs (Messrs. Tuso and Gruccio, attorneys).

Mr. Norman L. Zlotnick for defendants (Messrs. Perskie and Callinan, attorneys).

HORN, A.J.S.C.

Cross-motions for summary judgment are before me. Plaintiffs are landowners in defendant city who brought an action in lieu of prerogative writs for the purpose of challenging the validity of certain assessments made under N.J.S.A. 40:56-1 et seq.

In 1970 the city determined to install bulkheads on the beach from 46th Street to 55th Street, the cost of same to be defrayed in part by grants from the State Government, appropriations...

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