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BOROUGH OF BOGOTA v. DONOVAN

907 A.2d 433 (2006)

388 N.J. Super. 248

BOROUGH OF BOGOTA, Plaintiff-Appellant, v. Kathleen A. DONOVAN, Bergen County Clerk, Defendant-Respondent, and Patricia DiCostanzo, Superintendent of the Bergen County Board of Elections; Peter Incardone, Jr., Chairperson of the Bergen County Board of Elections; and the Bergen County Board of Elections, Defendants.

Superior Court of New Jersey, Appellate Division.

Decided October 2, 2006.

Attorney(s) appearing for the Case

Andrew T. Fede, Hackensack, argued the cause for appellant (Herten, Burstein, Sheridan, Cevasco, Bottinelli, Litt & Harz, attorneys).

John M. Carbone, Ringwood, argued the cause for respondent (Carbone and Faasse, attorneys).

Before Judges WEFING, PARKER and C.S. FISHER.

Argued telephonically on an emergent appeal September 21, 2006.

The opinion of the court was delivered by

WEFING, P.J.A.D.

On August 17, 2006, the municipal council of the Borough of Bogota adopted a resolution calling for a non-binding referendum to be held in connection with the general election scheduled to take place on November 7, 2006. The borough clerk submitted a copy of the resolution in a timely...

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