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CITY OF CLIFTON v. ZWIER

66 N.J. Super. 500 (1961)

169 A.2d 214

CITY OF CLIFTON, A MUNICIPAL CORPORATION OF NEW JERSEY, PLAINTIFF, v. STANLEY ZWIER, FRANK F. STAUDT, STEPHEN GOCELJAK, JR., CHARLES F. HAHN AND WILLIAM HOLSTER, DEFENDANTS.

Superior Court of New Jersey, Law Division.

Decided March 23, 1961.

Attorney(s) appearing for the Case

Mr. Edward F. Johnson, attorney for plaintiff City of Clifton.

Mr. John G. Dluhy, attorney for defendants Zwier, Staudt and Goceljak.

Messrs. Gurtman & Schomer, attorneys for defendant Hahn (Mr. William N. Gurtman, appearing).

Messrs. Friend and Friend, attorneys for intervenor James J. Talamini (Mr. Israel Friend, appearing).

Mr. William Holster, attorney pro se, defendant.

NADELL, J.C.C. (temporarily assigned).

This is a suit for a declaratory judgment but is equivalent to a proceeding in lieu of the prerogative writ of quo warranto between contesting claimants to the offices of members of the Planning Board of the City of Clifton. The matter comes up on motion for summary judgment.

On April 20, 1943 the City of Clifton, by ordinance, created a planning board pursuant to the enabling statute, R.S. 40:55-1 et...

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