MATTHEWS v. ATLANTIC CITY


84 N.J. 153 (1980)

MICHAEL MATTHEWS, PLAINTIFF-APPELLANT, v. CITY OF ATLANTIC CITY AND STATE OF NEW JERSEY, DEFENDANTS-RESPONDENTS, AND THOMAS BUDNICK AND VINCENT GRANESE, INTERVENORS-RESPONDENTS.

The Supreme Court of New Jersey.

Decided July 30, 1980.


Attorney(s) appearing for the Case

George L. Seltzer argued the cause for appellant (Alten, Valentine, Seltzer & Shultz, attorneys; Richard D. Alten, George L. Seltzer and William W. Shultz, on the briefs).

David P. Schneider, Deputy Attorney General, argued the cause for respondent State of New Jersey (John J. Degnan, Attorney General of New Jersey; Stephen Skillman, Assistant Attorney General, of counsel).

Edward N. Fitzpatrick argued the cause for intervenors-respondents (Clapp & Eisenberg, attorneys; Allyn Z. Lite and Frederick S. Kessler, on the brief).


The opinion of the Court was delivered by PASHMAN, J.

The Commission Form of Government Law, N.J.S.A. 40:70-1 et seq., also known as the Walsh Act, L. 1911, c. 221 (as amended), provides that in an applicable municipality a member of the board of commissioners, the elected governing body, "shall have been a citizen and resident of the municipality for at least two years immediately preceding his election." N.J.S.A. 40:72-1; see ...

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