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SAVERINO v. ZBOYAN

239 N.J. Super. 330 (1990)

571 A.2d 327

ANGELO SAVERINO, ALAN TAUBENKIMEL, ALBERT GELLER, RAYMOND GUNTHER AND JACK PETTIT, PLAINTIFFS-APPELLANTS, v. STEVAN ZBOYAN, IN HIS CAPACITY AS THE MAYOR OF THE TOWNSHIP OF BRICK, AND THE TOWNSHIP OF BRICK, A NEW JERSEY MUNICIPAL CORPORATION, THOMAS STEINBACHER, ROBERT HESLIN, ARTHUR WEBER, JOHN PARADES, CAROL PATETTA AND MARY LOU POWNER, DEFENDANTS-RESPONDENTS.

Superior Court of New Jersey, Appellate Division.

Decided March 13, 1990.

Attorney(s) appearing for the Case

Raymond V. King argued the cause for appellants (Lewis & Wood, attorneys; Raymond V. King on the letter brief).

Thomas E. Monahan argued the cause for respondents (Gilmore & Monahan, attorneys; Michael B. Lavery on the letter briefs).

Before Judges O'BRIEN, HAVEY and STERN.

The opinion of the court was delivered by HAVEY, J.A.D.

The central question raised by this appeal is whether a modification to a municipality's Faulkner Act charter, changing the time of municipal elections from May to November, extinguishes the terms of incumbent Class IV planning board and zoning board members. The trial court concluded that the change in the time of election constituted a "complete and separate form of government," thereby terminating the terms...

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