ZIMMERMAN v. MUN. CLERK OF TP. OF BERKELEY


201 N.J. Super. 363 (1985)

493 A.2d 62

WILLIAM T. ZIMMERMAN, JR., INDIVIDUALLY AND ON BEHALF OF THE ALL BERKELEY CITIZENS GROUP, PLAINTIFFS-APPELLANTS, v. MUNICIPAL CLERK OF THE TOWNSHIP OF BERKELEY, ITS AGENTS, SERVANTS AND EMPLOYEES, DEFENDANTS-RESPONDENTS, AND ZENON PALKOSKI AND EDMUND J. CORRIGAN, INTERVENING DEFENDANTS-RESPONDENTS.

Superior Court of New Jersey, Appellate Division.

Decided June 4, 1985.


Attorney(s) appearing for the Case

James E. Bishop argued the cause for appellants (Shackleton, Hazeltine & Buczynski, attorneys; James E. Bishop, on the brief).

Joseph L. Foster argued the cause for respondent Municipal Clerk of the Township of Berkeley (Russo, Courtney, Foster, Secare & Tassini, attorneys).

John S. Pehlivanian argued the cause for respondent Edmund J. Corrigan (Joseph L. Foster and John S. Pehlivanian on the joint brief).

Edward Liston argued the cause for respondent Zenon Palkoski (Carlucci & Liston, attorneys; Harold N. Hensel, on the brief).

Before Judges FRITZ, GAULKIN and LONG.


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

In October of 1984 William Zimmerman, individually and on behalf of the All Berkeley Citizens Group (Citizens Group), filed a series of recall petitions with the Clerk of the Township of Berkeley which read as follows:

We the undersigned, registered voters of the Township of Berkeley, demand removal by recall, pursuant to N.J.S.A. 40:60A-168, et...

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