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SMITH v. GHIGLIOTTY

219 N.J. Super. 231 (1987)

530 A.2d 68

ETHAN ALLEN SMITH, JACK ALBAUGH & A. FRED HULICK, COUNCILMEN OF BOROUGH OF BARNEGAT LIGHT, PLAINTIFFS, v. HENRY J. GHIGLIOTTY, JR., MAYOR, JAMES P. STAVISH & MICHAEL W. SPARK, COUNCILMEN OF BOROUGH OF BARNEGAT LIGHT; & BOROUGH OF BARNEGAT LIGHT, DEFENDANTS.

Superior Court of New Jersey, Law Division Ocean County.

Decided June 4, 1987.

Attorney(s) appearing for the Case

Frank A. Buczynski, Jr. for plaintiffs (Shackleton, Hazeltine & Buczynski, attorneys).

Jerry J. Dasti for defendants (Dasti & Murphy, attorneys).

SERPENTELLI, A.J.S.C.

This case involves a novel issue under the Municipal Vacancy Law. N.J.S.A. 40A:16-1 et seq. The question is simply stated, the answer is more complex. May members of the governing body refuse to attend a meeting if their purpose is to preclude a quorum and thereby prevent the governing body from deciding whether or not an existing vacancy should be filled? Put another way, if council members are purposely absenting themselves, can...

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