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LOBODA v. CLARK TP.

40 N.J. 424 (1963)

193 A.2d 97

ALFRED J. LOBODA, EUGENE J. SCHILLER, MURIEL E. NADLER AND JOSEPH J. SMITH, PLAINTIFFS-APPELLANTS, v. TOWNSHIP OF CLARK, A MUNICIPAL CORPORATION OF UNION COUNTY, NEW JERSEY, WILLIAM J. MAGUIRE, JOHN DOENZELMANN, KARL KUMMER AND NORMA B. DAVENPORT, AND DEPARTMENT OF CIVIL SERVICE, DEFENDANTS-RESPONDENTS.

The Supreme Court of New Jersey.

Argued May 7, 1963.

Decided July 8, 1963.

Attorney(s) appearing for the Case

Mr. Seymour Margulies argued the cause for plaintiffs-appellants (Messrs. Levy, Lemken and Margulies, of counsel and on the brief; Messrs. Rubenstein & Glick, attorneys).

Mr. Irvine B. Johnstone, Jr. argued the cause for defendants-respondents, Township of Clark and William J. Maguire.

Mr. William Miller argued the cause for defendants-respondents John Doenzelmann, Karl Kummer and Norma B. Davenport.

Mr. William L. Boyan, Deputy Attorney General argued the cause for respondent Department of Civil Service, State of New Jersey (Mr. Arthur J. Sills, Attorney General, attorney).

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

At a general election held on November 3, 1959, the electorate of the Township of Clark adopted Mayor-Council Plan "F" (N.J.S.A. 40:69A-74-80) of the Faulkner Act, N.J.S.A. 40:69A-1, et seq. On November 8, 1960, pursuant to N.J.S.A. 40:69A-77, 78 and 205(b), the voters of the township elected a mayor and governing body. At the same election, as the result of a referendum held pursuant...

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