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MONROE TP. COUNCIL v. GARIBALDI

216 N.J. Super. 19 (1987)

522 A.2d 1011

MONROE TOWNSHIP COUNCIL; DAVID ROTHMAN, COUNCIL PRESIDENT; WILLIAM CRANE, COUNCIL VICE PRESIDENT; MICHAEL J. DIPIERO, COUNCILMAN; ALBERT LEVINSON, COUNCILMAN, AND ROBERT J. TUCKER, COUNCILMAN, PLAINTIFFS-APPELLANTS, v. PETER GARIBALDI, MAYOR OF THE TOWNSHIP OF MONROE, AND MARIO APUZZO, DEFENDANTS-RESPONDENTS.

Superior Court of New Jersey, Appellate Division.

Decided March 11, 1987.

Attorney(s) appearing for the Case

Joseph J. Benedict argued the cause for appellants (Benedict & Altman, attorneys; Joseph J. Benedict on the brief and reply brief).

Alan J. Karcher argued the cause for respondent Garibaldi (Karcher, McDonnell & Rainone, attorneys; Louis N. Rainone on the brief).

Mario Apuzzo, Esq., argued the cause pro se.

Before Judges KING, HAVEY and MUIR, Jr.

The opinion of the Court was delivered by MUIR, Jr., J.A.D.

This case raises the issue whether, after the mayor of a Mayor-Council Plan F1 form of government community nominates, to succeed himself, an incumbent Department Head whose term of appointment has expired and the council refuses to confirm that nominee, a vacancy exists and, if so, whether a court of law should order the mayor to continue to submit names of nominees for consideration...

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