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REPUB. COMM. GARWOOD v. MAYOR & COUN. GARWOOD

140 N.J. Super. 593 (1976)

357 A.2d 51

REPUBLICAN COMMITTEE OF GARWOOD, AN UNINCORPORATED POLITICAL ASSOCIATION BY ITS CHAIRPERSON DORIS MANN, AND DORIS MANN, INDIVIDUALLY AND AS REPUBLICAN COUNCILWOMAN OF THE BOROUGH OF GARWOOD; REPUBLICAN CLUB OF GARWOOD, AN UNINCORPORATED POLITICAL ASSOCIATION, BY ITS PRESIDENT, WALTER MASZCZAK, AND WALTER MASZCZAK, INDIVIDUALLY; AND CHARLES HORBACZ, INDIVIDUALLY AND AS REPUBLICAN MAYOR OF THE BOROUGH OF GARWOOD, PLAINTIFFS, v. MAYOR AND COUNCIL OF THE BOROUGH OF GARWOOD, A MUNICIPAL CORPORATION OF NEW JERSEY, AND ROBERT F. RENAUD, INDIVIDUALLY AND AS AN ALLEGED COUNCILMAN OF THE BOROUGH OF GARWOOD, DEFENDANTS.

Superior Court of New Jersey, Law Division.

Decided March 23, 1976.

Attorney(s) appearing for the Case

Mr. Robert C. Doherty, attorney for plaintiffs.

Mr. Robert L. Sheldon, attorney for defendants.

DI BUONO, A.J.S.C.

In November 1975 an election was held for two at-large positions on the Garwood Borough Council. Two of the four candidates were incumbents, one from the Democratic Party and one from the Republican Party. Two challengers, one from each party, also ran for these positions.

Upon counting the votes cast it was determined that the Democratic incumbent received the highest number of votes, while the Republican incumbent (Jones) and the Democratic...

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