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BRUBAKER v. SHIP BOTTOM BOR.

246 N.J. Super. 55 (1990)

586 A.2d 867

BETTY J. BRUBAKER AND DEMOCRATIC COMMITTEE OF SHIP BOTTOM, PLAINTIFFS, v. BOROUGH OF SHIP BOTTOM AND PATRICIA C. JEFFREY (CLERK OF THE BOROUGH OF SHIP BOTTOM), DEFENDANTS.

Superior Court of New Jersey, Law Division Ocean County.

Decided December 10, 1990.

Attorney(s) appearing for the Case

Edmund P. Glasner for plaintiffs.

James E. Bishop for defendants (Shackleton, Hazeltine & Bishop, attorneys).

SERPENTELLI, A.J.S.C.

Once again the Municipal Vacancy Law, N.J.S.A. 40A:16-1 et seq., has spawned a novel issue for this court to decide. May a political party which is given the right under the vacancy law to submit the names of three nominees to fill the vacated position of an incumbent party member, submit only one name because of the alleged unavailability of willing candidates and then make the appointment based on the governing body's failure...

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