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BERKELEY ZON. BD. OF ADJ. v. ROWE.

726 A.2d 1021 (1999)

320 N.J. Super. 164

BERKELEY TOWNSHIP ZONING BOARD OF ADJUSTMENT, Plaintiff, v. Purnell M. ROWE, Rocco Di Pillo, Rocco Miraldi and the Township of Berkeley, Defendants.

Superior Court of New Jersey, Law Division, Ocean County.

Decided January 19, 1999.

Attorney(s) appearing for the Case

Howard Butensky, Tuckerton, for plaintiff (Butensky & Pepe).

Carl W. Erler, III, Brick, for defendants DiPillo and Miraldi (Berry, Kagan, Sahradnik, Kotzas and Riordan, Toms River).

Patrick J. Sheehan, Toms River, for defendant Township of Berkeley.

James William Kennedy, Toms River, for defendant Rowe.

SERPENTELLI, A.J.S.C.

May a Board of Adjustment member withdraw a resignation from the Board before it is accepted by the appointing authority? That is the novel question presented by this case. It requires the court to determine the legislative intent underlying N.J.S.A. 40A:9-12.1(b), which has modified the common law principles regarding the resignation of appointed public officials.

Defendant Purnell M. Rowe (Rowe), a member of the Berkeley Township...

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