PLANNING BD. TP. OF WEST MILFORD v. TP. COUNCIL


123 N.J. Super. 135 (1973)

301 A.2d 781

PLANNING BOARD OF THE TOWNSHIP OF WEST MILFORD, HENRY R. SPINNLER JR., ROGER LAPOINTE, ROGER DOUGHERTY, EDWARD NOVACK, HARRY FOX AND GEORGE SMITH, PLAINTIFFS, v. TOWNSHIP COUNCIL OF THE TOWNSHIP OF WEST MILFORD, CHARLES DE LADE, MAYOR; ROBERT L. LITTLE, COUNCILMAN, EDWARD GOLA, COUNCILMAN, JOHN ANDRESAN, COUNCILMAN, AND PETER F. ROAN, TOWNSHIP MANAGER, DEFENDANTS.

Superior Court of New Jersey, Law Division.

Decided March 5, 1973.


Attorney(s) appearing for the Case

Messrs. Orbe and Nugent, attorneys for plaintiffs (Mr. John F. Darcy, on the brief).

Messrs. Wallisch and Wallisch, attorneys for defendants (Mr. Louis Wallisch, Jr., on the brief).


SCHWARTZ, L., J.D.C., Temporarily Assigned.

This is an action in lieu of prerogative writs brought by the Planning Board of West Milford and its members in their individual capacity, challenging an ordinance adopted by the township council empowering the municipal manager to appoint the attorney for the planning board.

The parties have stipulated that the planning board was duly constituted by virtue of N.J.S.A. 40:55-1.1 et seq. and the ordinances...

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