The evening star and Newark advertiser. [volume] (Newark, N.J.) 1907-1908, 1907-11-27
Assessment on Joint Out,
let, Says Court, Made on
Wrong Principles.
LATERAL REPORT RATIFIED
Directors Viii Have to Pay for
Them Under Ruling of Court.
On Joint Outlet VaiIsburg Is
Subjected to Burden That
Does Not Belong to 1t.

An opinion of Importance was that
which was handed down by Judge
Adams in the Circuit Court today
covering the long fight made by the
property-owners in V%ailsburg against
the assessment for the joint outlet
sewer. which, in the courts opinion,
should be sent back to the commits
sioners as having been wrongly COM
puted. At the sanne time the court de-
cided that the assessments on the sew
ers lateral to Ind connecting with the
Vailsburg joint outlet trunk sewer
should be confirmed.
Judge Adams in fling his lengthy
opinion, only the findings and conclu-
sions of which are given here, said
simply that the questions involved are
purely technical and that the report
as to the lateral sewers was confirmed.
THE assessment on the joint outlet
trunk sewer he commented, for the
reasons stated in the memoranda is
considered to be in certain respects
made on wrong principles and is, there
fore, referred back to the commits
sioners."
Following are the courts findings
and conclusions, which embody the
story of one of the most obstinate
fights over sewer assessments within
the county for many years:
The city of Newark and the borough
Of Vailsburg, with other municipalities,
caused to be constructed, under joint con-
tract authorized by statute, a joint outlet
trunk sewer. Vailsburg caused to be con-
ctrlIpta1 also In its avn territory. sewers
lateral to and connecting with the joint
outlet trunk sewer. The contract and
statutes bound vailsburg to pay specific
percentages OF the cost of a portion of
tho sewer line.
Some of the upper part of this portion
was In Vailsburg. The lower par. lay
outside of both Newark and V~ailsburg.
Wailsburg was authorized to raise the
money necessary TO pay It's share of the
cost Of so much of this sewer as was IN
Nailsburg, either by assessment according
to benefit or by an issue of bonds, and
to raise the money necessary to pay its
share OF the cost OF so much of this WI
AS was not in Vailsburg by an issue Of
! bonds.
"The assessment was to be on lands
fronting Oh the Improvement,
The money necessary to pay for the
lateral and connecting sewers was to be
raised either by an assessment on land
benefited or by an issue of bonds.
THE Borough Council Of Vailsburg
elected, In substantial compliance with
- W lbiH7t Nv lIOlttf ht11a9Fdi ~
pay for both improvements by an issue OF
bonds. The improvements were paid for
ont of the proceeds of sale of the bonds.
The Brough of Nailsbnrg was then annexed
to and consolidated with the city OF New
ark.
Subsequently chapter 219 of the laws of
1905 was approved, which, for the purposes
of this decision, is assumed to be a con-
stitutionnl enactment. 1t is entitled An
act to authorize consolidated and annexed
municipalities to make assessments for
local improvements 1t repeats inconsistent
acts or parts of nets.
Its first section declares that when a
municipality has been annexed to or con-
solldated with another municipality, and
any local Improvement or improvements
have been made In and by any such
municipality so annexed prior TO such an
lexation. or consolidation, for which no as
sessment has been made according to bene-
fits, 1t shall be lawful for the municipality
TO which the municipality has been an
nexed to make an assessment according TO
benefits upon an property peculiarly bene-
fitted by any such Improvement
TITS second section declares that all
practise and proceedings for the making
leyying and collecting of any such assess
ments shall be the same as that provided
for and in effect in the municipality max
ing the same.
ut is held that this statute applies to
Newark and Vailsburg and empowers
Newark to make an assessment as 10
the lateral and connecting sewers, and
as TO so much of the joint outlet trunk
sewer as was In Vailsbutg, upon all prop
erty peculiarly benefited thereby.
Newar made two assessments, one IS
to the joint outlet trunk sewer, the other
rs to sewers lateral to, and connecting
ported to the Circuit Court.
The report as to the joint outlet trunk
sewer blends the cost to Vailsburg and
to Newark Of this Improvement, and as
sesses land in former Vailsburg territory,
and also land that was in Newark before
the annexation of Vailsburg. Objections
- a.Nl r,rnr hasra ham A1oH hv Antnnr
of lane In former Vailsburg territory.
'"There are five objections.
First. that which denies that Newark
could make an assessment as to each inn
provement.
Secondly, that which asserts that New
ark, in making an assessment as to the
joint outlet trunk sewer, was restricted
to the land fronting thereon.
Thirdly, that which denies that New
ark could include in an assessment as TO
the joint outlet trunk sewer the cost TO
Vailsburg of so much of that Improvement
as lies outside OF former Nailsburg terri
tory.
"Fourthly. that which asserts that, con-
ceding for arguments sake that the third
objection is invalid. the report as to the
joint outlet trunk sewer Is, nevertheless,
so framed as to subject NailsOurg terri
tory to a burden that belongs elsewhere.
"Fifthly. that which asserts that each
report has other Illegal features.
The first and fifth objections, which up
ply to both reports. are d~isallowed, aud
the report as to the lateral and connecting
sewers is confirmed as against the objec-
tors.
'"rhe second. third and fourth objections
Apply only TO the report as TO the joint
outlet srunk sewer. Thu second objection
is disallowed.
"AS to the others: +
1T Is held that all that is assessable by
Newark on land In former Vailsburg ter
rltory is the cost to Vailsburg of 50 much
Of the Improvement as lies IN that terri
tors. TIE third objection Is. therefore,
sustained.
As to the fourth objection, this is the
finding:
THE joint contract. to which Vailsburg
and NcWar were parties, for
what portion of the cost Of the joint outlet
trunk sewer each contracting municipality
should in the first instance be liable. Let
1t be assumed, for the sake of argument.
as the report does assume. that. under
the statutes applicable to The subjccf. thc
amount OF each municipal liability is as-
ssesseble up to the limit of benefit on land
benefited.'
1T is evident that The borough of Wallis
burg could not legally have laid an assess
uient exceeding It's liability. The right to
object 10 such an assessment would have
Injured. by force of the joint contract, to
any owner of Vailsburg land which mad
been assessed. Annexation did not eX-
tinguiSh this right.
Commissioner appointed by the city OF
Newark. the successor OF Naiisburg. should
have recognized its existence and given
ntTH0N I n ~ 7