Ryan v. Mayor & Council of Demarest

319 A.2d 442 (1974)

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Ryan v. Mayor & Council of Demarest

New Jersey Supreme Court
319 A.2d 442 (1974)

SC

Facts

Beechwood Farms was a development straddling the Borough of Demarest (defendant) and the Borough of Alpine. Approximately half of the development’s 30 homes were in Demarest and half in Alpine. Frank Ryan and the other owners of the Beechwood Farms homes in Demarest (the homeowners) plaintiffs) filed a petition to disconnect their homes from Demarest to enable them to join Alpine. Demarest denied the homeowners’ petition. The homeowners appealed to state court. At trial, Demarest presented evidence that the borough’s operating costs, such as costs for police officers and firefighters, would not decrease as a result of the disconnection. However, Demarest would lose all the homes’ tax revenue, which was relatively significant given that the homes were valued higher than the average Demarest home. There was also evidence that the homeowners participated in social and political activities in Demarest. The trial court ruled in the homeowners’ favor. The appellate court affirmed. Demarest appealed.

Rule of Law

Issue

Holding and Reasoning (Clifford, J.)

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