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SHAPIRO v. MERTZ

845 A.2d 186 (2004)

368 N.J. Super. 46

Kathleen D. SHAPIRO, a Member of the Township Council of the Township of Moorestown, Plaintiff, v. Michael MERTZ, John Gibson and the Ethics Board of the Township of Moorestown, Defendants-Respondents. Harvey Howard and Larry Anastasi, Plaintiffs-Respondents, v. Kathleen Shapiro and Andrew Shapiro, Defendants-Appellants.

Superior Court of New Jersey, Appellate Division.

Decided April 8, 2004.

Attorney(s) appearing for the Case

Christopher Norman argued the cause for appellants (Norman, Kingsbury & Norman, attorneys; Mr. Norman, of counsel on the brief).

Christopher P. Leise, Cherry Hill, argued the cause for respondents Harvey Howard and Larry Anastasi (White & Williams, attorneys; Mr. Leise, of counsel and on the brief and Andrew J. Podolski, on the brief).

William John Kearns, Jr., Willingboro, argued the cause for respondent Ethical Standards Board of the Township of Moorestown (Kearns, Vassallo & Kearns, attorneys; Mr. Kearns, of counsel and on the brief).

Dennis P. Talty, Philadelphia, PA, argued the cause for respondent Township of Moorestown.

Before Judges KING, LINTNER and LISA.

The opinion of the court was delivered by

KING, P.J.A.D.

This case concerns the legality of a governing body member's vote for her husband's appointment to the municipal planning board. With her vote, the governing body approved of her husband's appointment by a 3-2 margin. We conclude that the council member's vote for her spouse's appointment was a violation of the Local Government Ethics Law, N.J.S.A. 40A...

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