KAVENY v. BD. OF COM'RS OF TOWN OF MONTCLAIR


69 N.J. Super. 94 (1961)

173 A.2d 536

MARTIN J. KAVENY, PLAINTIFF, v. BOARD OF COMMISSIONERS OF THE TOWN OF MONTCLAIR, JOSEPH D. ALLEN, JAMES A. WALSH, BOARD OF EDUCATION OF THE TOWN OF MONTCLAIR AND NEW JERSEY STATE BOARD OF EDUCATION, DEFENDANTS.

Superior Court of New Jersey, Law Division.

Decided July 5, 1961.


Attorney(s) appearing for the Case

Mr. Francis F. Welsh, for plaintiff.

Mr. Samuel Allcorn, Jr., for defendants Board of Commissioners of the Town of Montclair, Joseph D. Allen and James A. Walsh.

Mr. Charles R.L. Hemmersley, for defendant Board of Education of The Town of Montclair.

Mr. David D. Furman, Attorney General of New Jersey, by Mr. Alfred Abbotts, for defendant New Jersey State Board of Education.


WAUGH, A.J.S.C.

This is an action in lieu of prerogative writ (mandamus) wherein the plaintiff seeks to compel the defendant building inspector and plumbing inspector of the Town of Montclair to inspect the work on additions to an alteration of the Montclair High School, a public secondary school in the Town of Montclair, Essex County.

The matter is presented before the court on plaintiff's motion for summary judgment, a cross-motion by the

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