88 N.J.L. 55 | N.J. | 1915
Tlie opinion of tlie court was delivered by
The prosecutors seek to set aside a resolution of the board of freeholders vacating all the strips and tracts of land formerly included within Bloomfield avenue, and now lying outside of the present established lines of the avenue in tlie borough of Yerona, the township of Caldwell, and the borough of Caldwell, formerly known as the old Newark and Horseneck road. The so-called Ilorseneck road is an old colonial highway. In later days, a branch of the Newark and Pompton turnpike was constructed following in a general way the old road, in part coincident with it, in part lying outside. In 1869 the Essex Public Eoad Board was created. Pamph. L., p. 957. It seems at once to have prepared a map of a proposed avenue which acquired the name Bloom
It is said, however, that it was not authorized to do so without notice to the prosecutors. This depends upon whether the action of the freeholders in vacating the gores and angles was judicial in character. We think it was not. In Moore v. Haddonfield, 62 N. J. L. 386, the Court of Errors and Appeals said: “As to all public rights in the street, the mu
The proceedings are affirmed, with costs.