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BOTKIN v. MAYOR AND BOROUGH COUNCIL OF WESTWOOD

28 N.J. 218 (1958)

146 A.2d 121

SAMSON BOTKIN, PLAINTIFF-RESPONDENT, v. MAYOR AND BOROUGH COUNCIL OF THE BOROUGH OF WESTWOOD, ET AL., DEFENDANTS-APPELLANTS.

The Supreme Court of New Jersey.

Opinion Filed November 10, 1958.

Attorney(s) appearing for the Case

Mr. Milton T. Lasher argued the cause for the appellant, Alexander Allan, Clerk of Bergen County.

Mr. Paul T. Huckin and Mr. Thomas P. Cook argued the cause for the respondent.

PER CURIAM.

The Appellate Division determined that a non-binding referendum proposed by the Borough of Westwood under R.S. 19:37-1 et seq., as amended by L. 1942, c. 50, should be removed from the ballot. One judge dissented. The governing body of the borough resolved not to appeal. The county clerk, however, did appeal. Argument was had on short notice in view of the impending election on November 4. On the day of argument we announced...

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