(b) The discontinuance of the use of buildings previously used for manufacturing or industrial purposes, the abandonment of such buildings or the same being allowed to fall into so great a state of disrepair as to be untenantable (a) The generality of buildings used as dwellings or the dwelling accommodations therein are substandard, unsafe, insanitary, dilapidated, or obsolescent, or possess any of such characteristics, or are so lacking in light, air, or space, as to be conducive to unwholesome living "wherein there exists any of the conditions hereinafter enumerated: 40:55-21.1 defines a "blighted area" to mean an area The trial court sustained the municipal action and we certified the matter for review on our own motion. On October 31, 1955, 27 days thereafter, the plaintiffs instituted this action in lieu of prerogative writ in which they sought a judgment that the resolutions of both boards are illegal and void because the Blighted Area Act is unconstitutional (for various reasons to be discussed) and because the proceedings before both bodies were not conducted in accordance with the requirements set forth in the act. After receiving a copy of the resolution and report and reviewing the entire matter, on October 4, 1955, the board of commissioners approved the determination of blight. On Septemit adopted a resolution declaring the area to be blighted within the meaning of the statute. The board undertook the preliminary investigation and conducted public hearings on May 3, 17 and 25, June 8, 22, July 13 and August 2, 1955. "Beginning at the intersection of the Shrewsbury River and Branchport Creek thence eastwardly along the Shrewsbury River to the extension of Manhasset Avenue thence eastwardly along Manhasset Avenue extended and Manhasset Avenue to Patten Avenue thence westwardly along Patten Avenue to Florence Avenue thence southwardly along Florence Avenue to Joline Avenue thence westwardly along Joline Avenue to the westerly bank of Troutman's *369 Creek thence northwardly along the westerly bank of Troutman's Creek to Atlantic Avenue thence westwardly along Atlantic Avenue to Branchport Creek and along Branchport Creek to the point and place of beginning." The area, which is located on the portion of the northwestern perimeter of Long Branch fronting on the Shrewsbury River and on a creek flowing into the river, was described as follows: 40:55-21.1 et seq., requesting the planning board to make a preliminary investigation and to hold a public hearing for the purpose of determining whether an area of the city referred to therein was blighted. On Februthe Mayor and Board of Commissioners of the City of Long Branch adopted a resolution pursuant to N.J.S.A. The opinion of the court was delivered by FRANCIS, J. Furman, Attorney-General, argued the cause as intervenor. Fisher argued the cause for defendant-respondent (Mr. Parsons, Labrecque, Canzona & Combs, attorneys Mr. Blair, Jr., argued the cause for plaintiffs-appellants (Messrs. HOWLAND AND SONS, INC.), PLAINTIFFS-APPELLANTS,ĬITY OF LONG BRANCH, A MUNICIPAL CORPORATION, DEFENDANT-RESPONDENT.
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