MAROTTA v. LEONE


172 N.J. Super. 62 (1979)

410 A.2d 722

LIBERO D. MAROTTA, PLAINTIFF, v. PETER A. LEONE, CITY CLERK CITY OF UNION CITY; CITY OF UNION CITY, COUNTY OF HUDSON, A MUNICIPAL CORPORATION OF THE STATE OF NEW JERSEY, WILLIAM V. MUSTO, HARRISON C. HULTMAN, ROBERT C. BOTTI, RONALD DARIO AND ARTHUR WICHERT, DEFENDANTS.

Superior Court of New Jersey, Law Division — Hudson County.

Decided November 14, 1979.


Attorney(s) appearing for the Case

Libero D. Marotta, pro se.

George J. Kaplan for defendant Peter A. Leone.

Herbert G. Klitzner for defendants City of Union City, William V. Musto, Harrison C. Hultman, Robert C. Botti, Ronald Dario and Arthur Wichert (Lewis and DeClemente, attorneys; Thomas A. DeClemente of counsel).


BILDER, J.S.C.

This is an action in lieu of prerogative writs to compel the City Clerk of Union City to examine a petition protesting a bond ordinance and to certify the result of his examination as required by N.J.S.A. 40:49-27. It raises the issue, not yet explicitly passed on, as to the formal requirements of a protest against the incurring of indebtedness under that statute. In dispute is the sufficiency of plaintiff's petition.

On October 4, 1979...

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