Stern v. Mayor and Alderman of Jersey City

In Stern v. Mayor and Alderman of Jersey City, 8 N.J. Misc. 307, 150 A. 9 (1930), the Court considered the relationship of N.J.S.A. 40:8-1 to P.L. 1927, c. 87, the predecessor to the Local Land and Building Law. As the Local Land and Building Law currently does, P.L. 1927, c. 87 required that no municipal property be sold or leased except at public sale or auction and to the highest bidder after public advertisement. In reaching a decision, the Court relied on the language in N.J.S.A. 40:8-1 that authorized the governing body of any county to lease land "so acquired to any person, firm or corporation for a consideration and for such term of years as may be agreed upon." Id. at 308, 150 A. 9. As a result, the Court determined that an airport lease is not subject to a sale to the highest bidder after public sale. Ibid.