Search Rutgers Law Library N.J. Court Opinions

1 KENNETH ELLMAN, et al. v. WILLIAM HINKES AND SANFORD HOLLANDER AND TRAPASSO, et al. -- rank: 1000

... other reasons, the lien claim was lawfully imposed. Defendants claimed N.J.S.A. 40:48-3 and 40:48-2.12f granted the municipality the authority ... a lien against plaintiffs' property pursuant to the authority of N.J.S.A. 40:48-3 and, more particularly, states: 3. The within lien is claimed ... penalty imposed for violation of any ordinance of the municipality. [ N.J.S.A. 40:48-3.] Because this provision cross-references other sources of authority provided ... And, as far as the notice requirement, our reading of N.J.S.A. 40:48-3 leads us to the conclusion that notice must be given ... make void any lien hereby given upon such real estate." N.J.S.A. 40:48-3. Pursuant to the two statutory provisions, the municipality had the ...

docket:	A2493-05
court:	NJ Superior Court Appellate Division
decided:	2007-03-05
status:	unpublished
citation:
Document Size:	95995