West Park Avenue, Inc. v. Township of Ocean

224 A.2d 1 (1966)

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West Park Avenue, Inc. v. Township of Ocean

New Jersey Supreme Court
224 A.2d 1 (1966)

Facts

West Part Avenue, Inc. (plaintiff) built a model home and advertised the development of its subdivision using signs. The Township of Ocean (defendant) notified West Park Avenue that it could not use billboards for advertisement or receive additional building permits or certificates of occupancy unless it paid a fee of $300 per house. The state legislature did not give municipalities the authority to collect such a fee. However, West Park Avenue paid the fee, a total of $17,700, because it did not want the subdivision development to be placed on hold during litigation over the fee. Subsequently, West Park Avenue filed a lawsuit to recover the $17,700 from the Township of Ocean. The trial court issued a ruling in favor of the Township of Ocean, ruling that although the fee was unauthorized, West Park Avenue had paid the fee voluntarily because it failed to resist the fee and face litigation. West Park Avenue appealed.

Rule of Law

Issue

Holding and Reasoning (Weintraub, C.J.)

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