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GROGAN v. DE SAPIO

19 N.J. Super. 469 (1952)

88 A.2d 666

JOHN J. GROGAN, EDWARD J. BORRONE AND CARMELA FINIZIO, PLAINTIFFS, v. FRED M. DE SAPIO, MICHAEL M. BORELLI, THOMAS A. GALLO, THE MAYOR AND COUNCIL OF THE CITY OF HOBOKEN, N.J., A MUNICIPAL CORPORATION OF NEW JERSEY AND THE BOARD OF COMMISSIONERS OF THE MAYOR AND COUNCIL OF THE CITY OF HOBOKEN, N.J., DEFENDANTS.

Superior Court of New Jersey, Law Division.

Decided April 4, 1952.

Attorney(s) appearing for the Case

Messrs. McGlynn, Weintraub & Stein, attorneys for plaintiffs (Mr. Joseph Weintraub, of counsel).

Mr. Dominick J. Marrone, attorney for defendants, the Mayor and Council of the City of Hoboken and the Board of Commissioners of the Mayor and Council of the City of Hoboken, N.J.

Mr. Otmar J. Pellet, attorney for Fred M. De Sapio, Michael M. Borelli and Thomas A. Gallo.

PROCTOR, J.S.C.

Plaintiffs seek to set aside five resolutions adopted by the Board of Commissioners of the City of Hoboken at the organization meeting on May 15, 1951, by which the powers and duties of the board were distributed and assigned to each of the several departments of the commission. Plaintiffs, Grogan and Borrone, and defendants, De Sapio, Borelli and Gallo, are members of the defendant board of commissioners. The three defendant commissioners

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