WAYNE TP. v. CTY. OF PASSAIC


125 N.J. Super. 546 (1973)

312 A.2d 168

TOWNSHIP OF WAYNE IN THE COUNTY OF PASSAIC, A MUNICIPAL CORPORATION OF THE STATE OF NEW JERSEY; AND NEWTON E. MILLER, AS MAYOR OF THE TOWNSHIP OF WAYNE, WALTER JASINSKI, JAMES MINGO, ESTELLE PERRY, JOSEPH VADALA, THOMAS ELM, LEONARD PINE, DAVID WAKS, AND HARRY RUDIGER AS MEMBERS OF THE GOVERNING BODY AND INDIVIDUALLY, PLAINTIFFS, v. THE COUNTY OF PASSAIC, A BODY POLITIC OF THE STATE OF NEW JERSEY, AND BOARD OF CHOSEN FREEHOLDERS OF THE COUNTY OF PASSAIC, BLOOMINGDALE BOROUGH, CITY OF CLIFTON, BOROUGH OF HALEDON, BOROUGH OF HAWTHORNE, BOROUGH OF POMPTON LAKES, BOROUGH OF PROSPECT PARK, BOROUGH OF RINGWOOD, BOROUGH OF TOTOWA, BOROUGH OF WANAQUE, BOROUGH OF WEST MILFORD, AND BOROUGH OF LITTLE FALLS, DEFENDANTS. JOHN MAZZACCA, JR., BRIAN BERKIN, BERNARD ROGOFF, ROBERT ALTSHULER, THOMAS ELM, JR., ESTELLE PERRY, DAVID WAKS, ANN GERHOLD, ANDREW MILITELLO, BERNARD ROSEN, ALEX BROWN, PETER GARINO AND WALTER HOFFMAN, INDIVIDUALLY AND AS TAXPAYERS IN THE TOWNSHIP OF WAYNE, COUNTY OF PASSAIC AND AS REPRESENTATIVES OF A CLASS OF INDIVIDUALS WHO UTILIZE RIVERVIEW DRIVE AND ARE AFFECTED BY SAID ROUTE, PLAINTIFFS, v. PASSAIC COUNTY BOARD OF CHOSEN FREEHOLDERS, EDWARD O'BYRNE, DIRECTOR, JOSEPH F. D'ARCO, CHARLES S. DORMAN, DONALD A. FARINELLA, EDWARD GOLA, SIDNEY H. REISS, AND GEORGE J. SOKALSKI, INDIVIDUALLY AND AS A GOVERNMENTAL UNIT, DEFENDANTS.

Superior Court of New Jersey, Law Division.

Decided November 21, 1973.


Attorney(s) appearing for the Case

Mr. Robert S. Moraff for plaintiffs.

Mr. Herman Osofsky, Assistant County Counsel, for defendants County of Passaic and the Board of Chosen Freeholders (Mr. Herman W. Steinberg, County Counsel, attorney).

Mr. John F. Sullivan for defendant City of Clifton (Mr. Arthur J. Sullivan, Jr., attorney).

Mr. Lawrence T. Isenberg for defendant Borough of Pompton Lakes.

Mr. Uldric L. Fiore for defendant Borough of Ringwood.


DOAN, J.S.C.

These consolidated matters are before the court on cross-motions for summary judgment. At the hearing all parties agreed that the motions for summary judgment were to encompass all issues in controversy so that a full and final adjudication could be made. R. 4:46.

On October 5, 1972 the Township of Wayne filed a complaint in lieu of prerogative writs and for a declaratory judgment. This...

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