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GOLAINE v. CARDINALE

142 N.J. Super. 385 (1976)

361 A.2d 593

JOSEPH GOLAINE, PLAINTIFF, v. S. GERALD CARDINALE, MAYOR OF THE BOROUGH OF DEMAREST, PLANNING BOARD OF THE BOROUGH OF DEMAREST, MAYOR AND COUNCIL OF THE BOROUGH OF DEMAREST AND MARJORIE ZIMMERMAN, DEFENDANTS.

Superior Court of New Jersey, Law Division.

Decided May 18, 1976.

Attorney(s) appearing for the Case

Mr. Richard A. Kurland for plaintiff (Messrs. Stein and Kurland, attorneys).

Mr. John A. Schepisi for defendants (Messrs. Breslin and Schepisi, attorneys).

PRESSLER, J.C.C., Temporarily Assigned.

The narrow and novel legal question presented by this action in lieu of prerogative writs arises out of a mayor's removal for cause of a Class IV (citizen-at-large) member of a municipal planning board pursuant to the provision of N.J.S.A. 40:55-1.4 which authorizes a member's removal, after hearing, for "inefficiency, neglect of duty, or malfeasance in office."

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