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LAKEWOOD CITIZENS v. LAKEWOOD TP. COMMITTEE

306 N.J. Super. 500 (1997)

LAKEWOOD CITIZENS FOR INTEGRITY IN GOVERNMENT, INC., A N.J. NONPROFIT CORPORATION, PLAINTIFF, AND VINCENT BLASCO, JOSE RIVAS, SAMUEL KRAUSE, RONALD P. MASSARI, DEAN COFONE AND PATRICK HYNES, PLAINTIFF-INTERVENORS, v. LAKEWOOD TOWNSHIP COMMITTEE, TOWNSHIP OF LAKEWOOD, GREGORY C. FEHRENBACH AND COUNTY OF OCEAN, DEFENDANTS. DAVID SIMPSON, PLAINTIFF, v. TOWNSHIP OF LAKEWOOD, BERNADETTE WORK, RICHARD WORK, JOSE ALONSO AND GREGORY FEHRENBACK, DEFENDANTS.

Superior Court of New Jersey, Law Division Ocean County.

Decided July 7, 1997.

Attorney(s) appearing for the Case

Joseph Pinizzotto for plaintiff.

Bernard F. Boglioli for plaintiff-intervenors (Boglioli, O'Mara & Mirra, attorneys).

Steven Secare for defendants Lakewood Township Committee and Gregory C. Fehrenbach (Russo, Secare, Ford, Delanoy & Martino, attorneys).

Steven F. Nemeth for defendant County of Ocean (Berry, Kagan, Sahradnik & Kotzas, attorneys) (did not participate).

SERPENTELLI, A.J.S.C.

This Action In Lieu of Prerogative Writs arises from the Lakewood Township Committee's decision to transfer the local Uniform Construction Code (UCC) enforcement duties to the County of Ocean pursuant to an Interlocal Services Agreement, N.J.S.A. 40:8A-1 to -11. In the process of making that decision the Committee created a novel legal issue involving fundamental tenets of the Open Public...

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