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RUMANA v. COUNTY OF PASSAIC

936 A.2d 971 (2007)

397 N.J. Super. 157

Scott RUMANA, a citizen of Wayne Township in Passaic County, a taxpayer, and Mayor of the Township of Wayne; Ann Mary O'Rourke, a citizen of Wayne Township in Passaic County, a taxpayer, and Township of Wayne Councilperson; Christopher Vergano, a citizen of Wayne Township in Passaic County, a taxpayer, and Township of Wayne Councilperson; Paul Margiotta, a citizen of Wayne Township in Passaic County, a taxpayer, and Township of Wayne Council President; Joseph Schweighardt, a citizen of Wayne, Passaic County, a taxpayer, and Wayne Councilperson; Alan Purcell, a citizen of Wayne, Passaic County, a taxpayer, and Wayne Councilperson and the Township of Wayne, Plaintiffs-Appellants, v. COUNTY OF PASSAIC; Passaic County Board of Chosen Freeholders; Passaic County Improvement Authority; Department of Community Affairs, Division of Local Government Services; Department of Community Affairs, Division of Local Government Services, Local Finance Board, Defendants-Respondents.

Superior Court of New Jersey, Appellate Division.

Decided December 3, 2007.

Attorney(s) appearing for the Case

Thomas P. Scrivo, Newark, argued the cause for appellants (McElroy, Deutsch, Mulvaney & Carpenter, LLP, attorneys; Mr. Scrivo, Robert C. Scrivo, Walter R. Krzastek, and Alexandra V. Gallo, on the briefs).

Wayne J. Positan, Roseland, argued the cause for respondents County of Passaic and Passaic County Board of Chosen Freeholders (Lum, Drasco & Positan, attorneys; Mr. Positan, of counsel; Richard A. West, Jr. and Lauren M. Craig, on the briefs).

Peter A. Tucci, Jr. argued the cause for respondent Passaic County Improvement Authority.

Daniel P. Reynolds, Senior Deputy Attorney General, argued the cause for respondents Division of Local Government Services and Local Finance Board (Anne Milgram, Attorney General, attorney; Lewis A. Scheindlin, Assistant Attorney General, of counsel; Mr. Reynolds, on the brief).

Before Judges A.A. RODRIGUEZ, C.S. FISHER and C.L. MINIMAN.

The opinion of the court was delivered by

C.L. MINIMAN, J.A.D.

Plaintiffs Scott Rumana, Ann Mary O'Rourke, Christopher Vergano, Paul Margiotta, Joseph Schweighardt, Alan Purcell and the Township of Wayne appeal administrative determinations by defendants Division of Local Government Services (DLGS) and Local Finance Board (LFB), both in the New Jersey Department of Community Affairs. Plaintiffs also raise various claims by way of an action in lieu of prerogative...

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