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TRAINOR v. BURLINGTON CTY. FREEHOLDER BD.

200 N.J. Super. 288 (1984)

491 A.2d 69

LILLIAN M. TRAINOR, RAY VRANICH, FRANK CAULFIELD, JEANNINE GENDER AND PAUL STEPHENSON, PLAINTIFFS, v. BURLINGTON COUNTY BOARD OF CHOSEN FREEHOLDERS, JOHN SACCA, SUPERINTENDENT OF ELECTIONS, AND BURLINGTON COUNTY BOARD OF ELECTIONS, DEFENDANTS.

Superior Court of New Jersey, Law Division Burlington County.

Decided October 15, 1984.

Attorney(s) appearing for the Case

John E. Harrington for plaintiffs Trainor, Vranich, Caulfield and Gender (Schlesinger, Schlosser, Foy & Harrington, attorneys).

Ronald E. Bookbinder for plaintiff Stephenson (Bookbinder & Guests attorneys).

Michael J. Hogan, Burlington County Solicitor for Board of Chosen Freeholders.

John M. Carbone for defendant John Sacca (Carbone and Faase, attorneys).

John L. Madden for David Norcross and Arthur Rago, Members of defendant Burlington County Board of Elections.

Kenneth M. Olex, Dep. Atty. Gen. (Irwin Kimmelman, Atty. Gen. of N.J., intervenor).

HAINES, A.J.S.C.

The Burlington County Board of Chosen Freeholders created the Office of Superintendent of Elections on May 23, 1984. The defendant, John Sacca, was appointed to that office on August 8, 1984, by a Board resolution which provided in pertinent part as follows:

FURTHER RESOLVED pursuant to N.J.S.A. 19:32-50 all appropriations made in the budget of the County Board of Elections except those made for the payment of the salaries of the members...

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