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APGAR v. SMITH

169 N.J. Super. 221 (1979)

404 A.2d 659

JOHN APGAR AND ROBERT E. PRELLER, PLAINTIFFS, v. ANITA M. SMITH AND THE TOWNSHIP OF MOUNT LAUREL, IN THE COUNTY OF BURLINGTON, A MUNICIPAL CORPORATION ORGANIZED AND EXISTING UNDER THE LAWS OF THE STATE OF NEW JERSEY, DEFENDANTS.

Superior Court of New Jersey, Law Division.

Decided June 12, 1979.

Attorney(s) appearing for the Case

Mr. Francis J. Hartman for plaintiffs (Messrs. Hartman, Schlesinger, Schlosser & Faxon, attorneys).

Mr. Michael L. Mouber for defendant Township of Mt. Laurel.

Defendant Anita M. Smith did not appear.

HAINES, J.S.C.

On April 26, 1979 a substantial revision of the statutes relating to vacancies in the membership of municipal governing bodies became effective. Its provisions control this dispute.

Thomas A. Kelly was in his first year of a four-year term as a member of Mt. Laurel Township Council. On May 5, 1979, by reason of an employment promotion which required him to move to Ohio, he wrote to the clerk of the township

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