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BD. OF REC. COMM'RS, BOROUGH OF RUTHERFORD v. BOROUGH OF RUTHERFORD

166 N.J. Super. 476 (1979)

400 A.2d 95

BOARD OF RECREATION COMMISSIONERS OF THE BOROUGH OF RUTHERFORD, PLAINTIFF-RESPONDENT, v. BOROUGH OF RUTHERFORD, DEFENDANT-APPELLANT.

Superior Court of New Jersey, Appellate Division.

Decided March 7, 1979.

Attorney(s) appearing for the Case

Mr. Thomas H. Sullivan argued the cause for appellant (Mr. James S. Ely, Jr., attorney).

Mr. Joseph L. Freiman argued the cause for respondent.

Before Judges LYNCH and CRANE, with Judge HORN participating in the decision.

PER CURIAM.

The issue in this case is whether a municipal governing body which has created a Board of Recreation Commissioners pursuant to N.J.S.A. 40:12-1 et seq. may abolish said Board.

The matter arose on the basis of the following history. On April 2, 1974 the Borough of Rutherford (borough) established by ordinance (Ordinance Code Chapter 83) a Board of Recreation Commissioners (Commission) and invested it with the powers "conferred upon...

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