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DE MURO v. SULLIVAN

64 N.J. Super. 103 (1960)

165 A.2d 520

PAUL G. DE MURO, HYMEN SIEGENDORF, AND DAVID B. KAPLAN, MEMBERS OF THE BOARD OF COMMISSIONERS OF THE CITY OF PASSAIC, A MUNICIPAL CORPORATION, PLAINTIFFS-APPELLANTS, v. JOHN JAY SULLIVAN, A MEMBER OF THE BOARD OF COMMISSIONERS OF THE CITY OF PASSAIC, AND MARTIN KLUGHAUPT, DEFENDANTS-RESPONDENTS.

Superior Court of New Jersey, Appellate Division.

Decided November 28, 1960.

Attorney(s) appearing for the Case

Mr. William N. Gurtman argued the cause for the appellants.

Mr. Archibald Kreiger argued the cause for the respondents.

Before Judges GAULKIN, SULLIVAN and FOLEY.

The opinion of the court was delivered by GAULKIN, J.A.D.

In this action for declaratory judgment plaintiffs claimed that the power to appoint a city counsel resides in the Board of Commissioners of Passaic (a second-class city operating under the commission (Walsh Act) form of government), and not in defendant Sullivan as Director of Revenue and Finance. The office of city counsel had been assigned to the Department...

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