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McLAUGHLIN v. CITY OF MILLVILLE

110 N.J. Super. 200 (1970)

264 A.2d 762

WILLIAM J. McLAUGHLIN, JR., RUTH E. McLAUGHLIN, GEORGE J. SCHNEIDER, ELIZABETH I. SCHNEIDER, DORSEY CALHOUN, HELGA CALHOUN, CHARLES P. PEEK, III, GAIL PEEK, RAYMOND J. DILL, CAROLINE DILL, CHARLES M. SMITH, CAROL SMITH, CLARENCE W. HAND, AND RACHEL HAND, PLAINTIFFS, v. THE CITY OF MILLVILLE, A MUNICIPAL CORPORATION OF THE STATE OF NEW JERSEY; WILLIAM SHAW, FRANK HOFFMAN, STEVEN ROMANIK, SAUL POLKOWITZ, BEING MEMBERS OF THE BOARD OF COMMISSIONERS OF THE SAID CITY OF MILLVILLE; LANDIS SEWERAGE AUTHORITY, A PUBLIC BODY, POLITIC AND CORPORATE OF THE STATE OF NEW JERSEY; CUMBERLAND MALL ASSOCIATES, INC., A CORPORATION OF THE STATE OF NEW JERSEY; AND CONRAD A. WALTMAN, MILLVILLE CITY CLERK, DEFENDANTS.

Superior Court of New Jersey, Law Division.

Decided April 27, 1970.

Attorney(s) appearing for the Case

Mr. J. Peter Davidow for plaintiffs.

Mr. Edward S. Miller, City Solicitor, for defendants City of Millville, the named commissioners, and Conrad A. Waltman, city clerk.

Mr. Jordan D. Lippner for defendant Landis Sewerage Authority.

Mr. Paul R. Porreca for defendant Cumberland Mall Associates, Inc. (Messrs Porreca, Okoniewski & Lisi, attorneys).

HORN, J.S.C.

Plaintiff brings this action in lieu of prerogative writs, R. 4:69, in order to compel officers of the City of Millville to submit ordinance 30-1969 to public referendum. N.J.S.A. 40:74-5. Motions for summary judgment were made by all parties and the matter is presently before the court on the basis of the complaint, affidavits and briefs.

Ordinance 30-1969 authorized Millville to enter into a contract with the Landis Sewerage Authority...

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