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CITY OF CLIFTON v. ZWEIR

36 N.J. 309 (1962)

177 A.2d 545

CITY OF CLIFTON, A MUNICIPAL CORPORATION OF NEW JERSEY, PLAINTIFF-RESPONDENT AND CROSS-APPELLANT, v. STANLEY ZWEIR, FRANK F. STAUDT AND STEPHEN GOCELJAK, JR., DEFENDANTS-APPELLANTS AND CROSS-RESPONDENTS, AND CHARLES F. HAHN, DEFENDANT-RESPONDENT AND CROSS-APPELLANT, AND WILLIAM HOLSTER, DEFENDANT-RESPONDENT, AND JAMES J. TALAMINI, INTERVENOR-RESPONDENT.

The Supreme Court of New Jersey.

Decided January 22, 1962.

Attorney(s) appearing for the Case

Mr. John G. Dluhy argued the cause for appellants and cross-respondents Zweir, Staudt and Goceljak.

Mr. Edward F. Johnson argued the cause for respondent and cross-appellant City of Clifton.

Mr. William N. Gurtman argued the cause for respondent and cross-appellant Hahn (Messrs. Gurtman and Schomer, attorneys).

Mr. Israel Friend argued the cause for respondent Talamini (Messrs. Friend and Friend, attorneys).

No appearance was made or brief filed for respondent Holster.

The opinion of the court was delivered by HALL, J.

The Municipal Planning Act of 1953, N.J.S.A. 40:55-1.1, et seq., applicable to all municipalities, provides for local planning board membership in four categories:

Class I — "mayor," to serve a term corresponding to his official tenure;

Class II — "one of the officials of the municipality to be appointed by the mayor," whose term...

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