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MENTUS v. IRVINGTON

79 N.J. Super. 465 (1963)

191 A.2d 806

CASMER MENTUS, PLAINTIFF, v. TOWN OF IRVINGTON, NEW JERSEY, ET ALS, DEFENDANTS.

Superior Court of New Jersey, Law Division.

Decided May 29, 1963.

Attorney(s) appearing for the Case

Mr. Lester Sandles for plaintiff (Messrs. Sandles and Sandles, attorneys).

Mr. Samuel J. Zucker for defendants William E. Lovell, Mayor, and Harry Stevenson, President of the Municipal Council of Irvington.

Mr. Thomas E. Durkin Jr. for defendants Town of Irvington, Zoning Board of Adjustment members Vincent J. Iacopino, Frank Hiebel, Jules J. Brisick, Joseph Aronoff, Stanley T. Macysyn and the following members of the Town Council, Michael Blasi, Walter Jonkoski, George Mazauskas, Mary Pilart and Henry Smolen.

WHIPPLE, J.S.C.

This matter comes before this court on a complaint predicated on the Declaratory Judgment Act and is blended with the issue by way of complaint in lieu of prerogative writs as to whether or not the present alleged members of the Zoning Board of Adjustment of the Town of Irvington have been validly appointed by the Municipal Council of Irvington. The plaintiff is a member of that Council. The defendants are the Town of Irvington, the mayor, the present...

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