
    WILLIAM T. MEREDITH ET AL. v. THE CITY OF PERTH AMBOY.
    Argued February 24, 1899
    Decided June 12, 1899.
    Proceedings for opening a street over the prosecutor’s lands being set aside, an ordinance requiring them to grade the street in front of their abutting lands must also be set aside.
    On certiorari as to grading of Railroad avenue.
    Before Justices Dixon and Collins.
    Eor the prosecutors, Ephraim, Gutter and Alan 3. Strong.
    
    For the defendant, James S. Wight.
    
   The opinion of the court was delivered by

Dixon, J.

This certiorari brings up a municipal ordinance approved August 4th, 1898, requiring the prosecutors and others, as owners of land fronting on Railroad avenue, to grade the sidewalk, carriageway and gutters of the avenue in front of their land.

In another controversy between the same parties we have decided that the city has not acquired, or taken the necessary steps to acquire, the right to open this avenue over the land of the prosecutors. Therefore, without considering the other questions raised, we think this decision sufficiently demonstrates the illegality of the ordinance, at least so far as it affects the prosecutors. To that extent it is set aside, with costs.  