MUNICIPAL CORPORATIONS - VALIDITY OF SETBACK ORDINANCES IN IMPROVED DISTRICTS

Authors

Abstract

Mulleady sought but was refused permission to inclose with glass a porch on a lot located in the city of Trenton. The municipality was authorized to make building regulations for the purpose of lessening congestion in streets, securing safety from fire, panic, or other danger, promoting health, morals, or general welfare, providing adequate light and air, or avoiding concentration of population. Section 12 of the municipal ordinance provided that no building should be erected, reconstructed, or altered so as to project in any wise beyond the average setback lines observed by the buildings on the same side of the street within the same block. Mulleady's porch was within the average front porch line but projected beyond the average line of the buildings proper. Held, the ordinance was without the purview of the enabling act and unreasonable in its application. Mulleady v. City of Trenton (N. J. L. 1931) 156 Atl. 843.

Recommended Citation

MUNICIPAL CORPORATIONS - VALIDITY OF SETBACK ORDINANCES IN IMPROVED DISTRICTS, 30 Mich. L. Rev. 803 (1932).
Available at: https://repository.law.umich.edu/mlr/vol30/iss5/23