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REILLY v. BRICE

109 N.J. 555 (1988)

538 A.2d 362

GEORGE A. REILLY AND VOTERS AND TAXPAYERS ASSOCIATION OF LAVALETTE, NEW JERSEY, PLAINTIFFS-APPELLANTS, v. FRANK E. BRICE AND BOROUGH OF LAVALETTE, DEFENDANTS-RESPONDENTS.

The Supreme Court of New Jersey.

Decided March 22, 1988.

Attorney(s) appearing for the Case

Leon A. Consales, argued the cause for appellants.

Daniel K. Simmons, argued the cause for respondent Frank E. Brice.

Steven A. Pardes, argued the cause for respondent Borough of Lavalette (Sinn, Gunning, Fitzsimmons, Cantoli, West & Pardes, attorneys).

The opinion of the Court was delivered by O'HERN, J.

This case concerns the measure of discretion vested in courts under Rule 4:69-6(c) to enlarge the ordinarily applicable forty-five day limitation within which courts may review certain actions of municipal governing bodies. We hold that in the circumstances of this case the proper exercise of discretion is to enlarge the forty-five day limitation to allow review...

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