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MENDEZ v. CITY OF NEWARK

132 N.J. Super. 261 (1975)

333 A.2d 307

JOSE AND EPIFANIA MENDEZ, PLAINTIFFS, v. CITY OF NEWARK, A MUNICIPAL CORPORATION AND MR. AND MRS. JAMES HARLEY, DEFENDANTS.

Superior Court of New Jersey, Law Division.

Decided February 13, 1975.

Attorney(s) appearing for the Case

Mr. Alfred F. Brown for plaintiffs.

Mr. David R. Rudd for defendant City of Newark.

Mr. Judson L. Levin for defendants Mr. and Mrs. James Harley.

SCHWARTZ, L., J.C.C., Temporarily Assigned.

The issue to be determined by the court is whether a municipal governing body may reject the highest bid, after public sale, for the purchase of municipally-owned real property without affording to the highest bidder a hearing and without basing such rejection upon a reason which is in the public interest.

The municipal council of the City of Newark adopted a resolution providing for the public sale of premises known...

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