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MILLER v. MITCHELL

245 N.J. Super. 290 (1991)

585 A.2d 414

HELEN MILLER, EARL B. ROBINSON, FRANCIS M. MEEKS, III, PLAINTIFFS-RESPONDENTS, v. HAROLD MITCHELL, MAYOR, CITY OF PLAINFIELD, DEFENDANT-APPELLANT, AND CITY OF PLAINFIELD PLANNING BOARD, DEFENDANT.

Superior Court of New Jersey, Appellate Division.

Decided January 15, 1991.

Attorney(s) appearing for the Case

Michele R. Donato argued the cause for appellant.

Eric Martin Bernstein argued the cause for respondents.

Before Judges KING, LONG and STERN.

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

This appeal requires us to resolve a conflict between the provisions of a municipal charter, enacted as special legislation pursuant to N.J.S.A. Const. (1947), Art. IV, § 7, par. 10, and the Municipal Land Use Law (MLUL), N.J.S.A. 40:55D-1 to -129. The specific conflict concerns whether the defendant, Mayor of the City of Plainfield, can appoint...

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