DELSPINA v. WOSCHA, INC.


223 N.J. Super. 84 (1988)

538 A.2d 367

NICHOLAS DELSPINA, PLAINTIFF-APPELLANT-CROSS-RESPONDENT, v. WOSCHA, INC., ANTHONY J. MINNITI, COUNCIL PRESIDENT OF TOWNSHIP OF WEST ORANGE, JOSEPH P. BRENNAN, JR., PETER DUNN, TOBY KATZ AND GLENN V. SORGE, AS TOWNSHIP COUNCIL, DEFENDANTS-RESPONDENTS, AND NEW JERSEY HOUSING & MORTGAGE FINANCE AGENCY, UNITED STATES OF AMERICA, DEPARTMENT OF HOUSING AND URBAN DEVELOPMENT, DANIEL WEISS, ALFRED SHARKEY, CAROL COPPOLA, ELEANOR SORGE, NATHANIEL GREEN, ROBERT M. MANGINO AND COUNCILMAN PETER DUNN, DEFENDANTS, AND SAMUEL A. SPINA, MAYOR OF TOWNSHIP OF WEST ORANGE, DEFENDANT-RESPONDENT-CROSS-APPELLANT.

Superior Court of New Jersey, Appellate Division.

Decided January 19, 1988.


Attorney(s) appearing for the Case

Michael K. Fielo, attorney for appellant-cross-respondent.

Joseph G. Dooley, Jr., Township Attorney for Township of West Orange, attorney for Samuel A. Spina, respondent-cross-appellant (Michael E. Panagos, on the letter brief).

Wilentz, Goldman & Spitzer, attorneys for respondents Anthony J. Minniti, Joseph P. Brennan, Jr., Peter Dunn, Toby Katz and Glenn V. Sorge (Robert J. Cirafesi, of counsel and on the brief; Robert Mahoney, on the brief).

Before Judges BRODY, LONG and SCALERA.


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

Plaintiff commenced this action to declare invalid a resolution of the Council of the Township of West Orange that purports to replace him as a "trustee" of the West Orange Senior Citizens Housing Association (WOSCHA). Defendant Samuel A. Spina, Mayor of West Orange, asserting in a "Sixth Separate Defense" that he alone has the authority to appoint trustees to WOSCHA, sought a declaration of that authority "should...

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