MARSA v. WERNIK


163 N.J. Super. 589 (1978)

395 A.2d 530

PAUL MARSA, PLAINTIFF, v. DONALD J. WERNIK, INDIVIDUALLY AND AS THE MAYOR OF THE BOROUGH OF METUCHEN, DONALD J. BARNICKEL, JOHN W. BERTRAND, PATRICIA LAGAY, DENNIS O'LEARY, THOMAS E. SHARP AND JOHN WILEY, JR., INDIVIDUALLY AND AS MEMBER OF THE COUNCIL OF THE BOROUGH OF METUCHEN, DEFENDANTS.

Superior Court of New Jersey, Chancery Division.

Decided November 6, 1978.


Attorney(s) appearing for the Case

Mr. Robert A. Vort for plaintiff.

Mr. Martin A. Spritzer for defendants.

Mr. Thomas W. Sharlow for intervener Knights of Columbus, St. Francis Council 3272.


FURMAN, J.S.C.

Plaintiff challenges the constitutionality of the practice of a nondenominational invocation or, alternatively, a silent meditation of about a minute at the start of regular meetings of the Metuchen Borough Council, immediately following the announcement of compliance with the Open Public Meetings Act (N.J.S.A. 10:4-6 et seq.) and the roll call. His challenge is brought solely under the establishment of religion clause of the First Amendment...

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