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NEWARK HEALTH & WELFARE DEP'T v. ROGERS

179 N.J. Super. 389 (1981)

432 A.2d 135

DIV. OF HEALTH, DEPARTMENT OF HEALTH & WELFARE AND THE CITY OF NEWARK, A MUNICIPAL CORPORATION OF THE STATE OF NEW JERSEY ON BEHALF OF THE STATE OF NEW JERSEY, PLAINTIFFS, v. JOSEPH ROGERS, DEFENDANT.

Superior Court of New Jersey, Chancery Division Essex County.

Decided January 12, 1981.

Attorney(s) appearing for the Case

Frederick D. Miceli, Assistant Corporation Counsel, for plaintiffs (Salvatore Perillo, attorney).

Gary J. Cucchiara for defendant (Walter R. Cohn, attorney).

DWYER, J.S.C.

The major question presented by this case is whether the City of Newark, a municipal corporation of New Jersey, which has not established a separate entity as a local board of health pursuant to N.J.S.A. 26:3-1 et seq. (city), may compel the owner of a fire-gutted, uninhabited but ostensibly secure residential structure to raze said structure at the owner's expense by means of an action in the Chancery Division for a mandatory injunction...

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