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CONCERNED CITIZENS OF WILDWOOD CREST v. PANTALONE

185 N.J. Super. 37 (1982)

447 A.2d 200

CONCERNED CITIZENS OF THE BOROUGH OF WILDWOOD CREST, AN UNINCORPORATED ASSOCIATION COMPRISED OF MORE THAN 10 TAXPAYERS OF THE BOROUGH OF WILDWOOD CREST, AND RICHARD S. ADELIZZI, PLAINTIFFS-RESPONDENTS, v. JOHN J. PANTALONE, MAYOR OF THE BOROUGH OF WILDWOOD CREST; COMMISSIONER CHARLES GUHR, JR.; COMMISSIONER FRANCIS J. MCCALL; BOROUGH CLERK ETHEL A. FILER; AND THE BOROUGH OF WILDWOOD CREST, JOINTLY, SEVERALLY AND IN THE ALTERNATIVE, DEFENDANTS-APPELLANTS.

Superior Court of New Jersey, Appellate Division.

Decided May 26, 1982.

Attorney(s) appearing for the Case

James A. Waldron argued the cause for appellants (Rubins & Waldron, attorneys; Stephen S. Rubins and Louis G. Rubino on the brief).

Charles Henry James argued the cause for respondent.

Before Judges ALLCORN, FRANCIS and MORTON I. GREENBERG.

The opinion of the court was delivered by MORTON I. GREENBERG, J.A.D.

The matter comes before the court on appeal from a judgment of the Superior Court, Law Division, in an action to compel defendants to cause a special election to be held pursuant to N.J.S.A. 40:74-14. The purpose of the proposed special election is to determine whether an ordinance should be adopted in the Borough of Wildwood Crest to repeal portions of an earlier ordinance providing for...

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