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VAN ITALLIE v. BOROUGH OF FRANKLIN LAKES

28 N.J. 258 (1958)

146 A.2d 111

JOHN VAN ITALLIE, PLAINTIFF-APPELLANT, v. BOROUGH OF FRANKLIN LAKES, DEFENDANT-RESPONDENT.

The Supreme Court of New Jersey.

Decided November 17, 1958.

Attorney(s) appearing for the Case

Mr. Walter H. Gardner, Jr., argued the cause for plaintiff-appellant (Messrs. Gardner & Williams, attorneys; Mr. David J. Caliri on the brief).

Mr. Fred G. Stickel, III, argued the cause for defendant-respondent (Mr. John H. Shields, Jr., attorney; Mr. Fred G. Stickel, III and Mr. Howard E. Corbett on the brief).

The opinion of the court was delivered by PROCTOR, J.

Plaintiff, a taxpayer, filed a complaint in lieu of prerogative writ in the Superior Court, Law Division, challenging the validity of two ordinances of the Borough of Franklin Lakes, principally on the ground that a conflict of interest existed on the part of two of the borough councilmen, Birrer and Bender. Ordinance 139 regulates the location and establishment of cemeteries within the municipal boundaries and...

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