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BOTTONE v. MADISON TP.

92 N.J. Super. 564 (1966)

224 A.2d 333

ARTHUR BOTTONE, PLAINTIFF-APPELLANT, v. TOWNSHIP OF MADISON, A MUNICIPAL CORPORATION, MADISON TOWNSHIP UTILITIES AUTHORITY, A PUBLIC BODY CORPORATE AND POLITIC, AND WALTER ZIZIK, DEFENDANTS-RESPONDENTS.

Superior Court of New Jersey, Appellate Division.

Decided November 14, 1966.

Attorney(s) appearing for the Case

Mr. Philip L. Strong argued the cause for appellant (Messrs. Strong, Strong & Gavarny, attorneys).

Mr. Harold G. Smith argued the cause for respondents (Mr. Smith, attorney for respondent Madison Township; Mr. John R. Halleran, attorney for respondent Zizik).

Respondent Madison Township Municipal Authorities did not file a brief.

Before Judges GOLDMANN, KILKENNY and COLLESTER.

The opinion of the court was delivered by GOLDMANN, S.J.A.D.

Plaintiff Bottone appeals from the summary judgment entered against him by the Superior Court, Law Division, in his action in lieu of prerogative writs challenging the appointment of defendant Zizik as a member of the Madison Township Municipal Utilities Authority (Authority) and seeking a declaration that plaintiff still held office as a member of that body. The judgment declared that Zizik's appointment...

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