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SCOTT v. TOWN OF BLOOMFIELD ET AL.,

98 N.J. Super. 321 (1967)

237 A.2d 297

DONALD L. SCOTT AND THEODORE DUNN, PLAINTIFFS-RESPONDENTS, v. TOWN OF BLOOMFIELD, RALPH G. CONTE AND H. JOSEPH NORTH, DEFENDANTS, AND BOYS' CLUB OF BLOOMFIELD, DEFENDANT-APPELLANT.

Superior Court of New Jersey, Appellate Division.

Decided December 21, 1967.

Attorney(s) appearing for the Case

Mr. Paul Alongi for appellant (Messrs. Marinello, Henkel, Soriano & Klein, attorneys).

Mr. David C. Thompson for respondents (Messrs. Joyce & Brown, attorneys).

Mr. Elias Abelson, Deputy Attorney General, for State of New Jersey, intervenor, (Mr. Arthur J. Sills, Attorney General of New Jersey, attorney).

Before Judges SULLIVAN, FOLEY and LEONARD.

PER CURIAM.

The Town of Bloomfield, pursuant to a resolution and under the authority of N.J.S.A. 40:60-45.3, leased certain municipal property for a period of 99 years at a rental of $1 per year to defendant Boys' Club of Bloomfield. Plaintiffs, taxpayers of the municipality, instituted an action in lieu of prerogative writs challenging the validity of this lease. The trial court entered summary judgment declaring the resolution and lease void.

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