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SOKOLINSKI v. WOODBRIDGE TP. MUNICIPAL COUNCIL

192 N.J. Super. 101 (1983)

469 A.2d 96

BERNARD A. SOKOLINSKI, MARCIA JACOBSON, WOODBRIDGE TOWNSHIP ZONING BOARD OF ADJUSTMENT, JEROME ROBINSON, PATRICK O'BRIEN AND LEO LA SALLE, PLAINTIFFS-APPELLANTS, v. MUNICIPAL COUNCIL OF THE TOWNSHIP OF WOODBRIDGE, FRANMAR BUILDERS, INC., ALICE HOLDER, JAMES KAKLAR, PETER KARDOS, RICHARD O'CONNELL, HANDLY-WALKER DATA SERVICES, INC., DEFENDANTS-RESPONDENTS, AND BOARD OF EDUCATION TOWNSHIP OF WOODBRIDGE, DEFENDANT-APPELLANT.

Superior Court of New Jersey, Appellate Division.

Decided December 2, 1983.

Attorney(s) appearing for the Case

Wayne J. Peck argued the cause for plaintiffs-appellants.

Stewart M. Hutt argued the cause for appellant Board of Education Township of Woodbridge (Hutt, Berkow, Hollander & Jankowski, attorneys; Stewart M. Hutt of counsel; Stewart M. Hutt and Robert J. Mascenik on the brief).

Michele R. Donato argued the cause for respondents Alice Holder, James Haklar, Peter Kardos and Richard O'Connell (Frizell & Pozycki, attorneys; Michele R. Donato on the brief).

No brief was filed on behalf of respondent Municipal Council of the Township of Woodbridge.

Respondents, Franmar Builders, Inc. and Handly-Walker Data Services, Inc., adopted the argument of plaintiffs-appellants.

Before Judges BISCHOFF, PETRELLA and BRODY.

The opinion of the court was delivered by BRODY, J.A.D.

The issue in this declaratory judgment suit is whether three members and two alternate members of the Woodbridge Board of Adjustment are disqualified from hearing variance applications for property owned by the Woodbridge Board of Education. Two of the five are employed by the Board of Education: a tenured teacher and a tenured janitor. The other three are spouses of Board of Education employees: a tenured teacher...

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