 |
 |
to fill out a simple form to connect to Employee Leasing Services in your area.
|
|
|
|
|
Howell Properties2/13/2002
tion. Cf. City of Gary v. Much, 180 Ind. 26, 101 N.E. 4 (Sup. Ct. 1913); Messinger v. City of Cincinnati, supra. Nor are we considering a case where Eastern Parkway [the dead-end street] constitutes a way of necessity into plaintiff's land . . . . [Id. at 269 (emphasis added).]
Accordingly, the Court cautioned that its holding extended no further than the case before it. Ibid. See also Brazer v. Borough of Mountainside, 55 N.J. 456, 469 (1970) (there is no "hard and fast rule" as to when a parcel abuts a public street; "the result in each case is reached upon a consideration of the particular circumstances involved, including among other things intention, the physical situation, the manner of its creation and the nature of the right asserted").
We do not hesitate to conclude that plaintiff is an "abutting" landowner for purposes of this litigation. Unlike the situation in Good Deal, involved here is a proposed street network in plaintiff's subdivision designed to interconnect with the three streets in question as part of a "traffic communication system." Ibid. The streets in all three subdivisions have fifty feet rights-of-way. As noted, the Howell subdivision plan shows Cherry Lane and Redbud Lane connecting to plaintiff's property with a notation "reserved for future road," and the Brick subdivision provides that the Maypink Lane cul-de-sac is to be "removed on extension of Maypink Lane" at the boundary of plaintiff's property. Consequently, it cannot be disputed that both defendant municipalities expected that the three streets involved would be extended into plaintiff's tract in the future. To hold that plaintiff is not an abutting property owner for the purpose of challenging the vacating ordinances would obviously cause an impractical if not absurd result.
Finally, Brick Township argued before the trial court that a portion of the end of Maypink Lane, which connects with plaintiff's property, is nothing more than an unpaved "paper street," dedicated only for a "potential" right-of-way. Thus, it argued, its governing body had an unqualified right to vacate that portion of the street. That issue has not been raised or briefed before us, and thus is deemed waived. See Tynan v. Curzi, 332 N.J. Super. 267 (App. Div. 2000); and see Pressler, Current N. J. Court Rules, comment on R. 2:6-2 (2002).
Affirmed.
Page 1 2 3 4 5 6 7 8 New Jersey Employee Leasing Services
Employee Leasing Services
|
| |
to fill out a simple form to connect to Employee Leasing Services in your area.
|
|