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BOTKIN v. MAYOR & BOROUGH COUNCIL OF WESTWOOD

52 N.J. Super. 416 (1958)

145 A.2d 618

SAMSON BOTKIN, PLAINTIFF-APPELLANT, v. MAYOR AND BOROUGH COUNCIL OF THE BOROUGH OF WESTWOOD, A MUNICIPAL CORPORATION OF THE STATE OF NEW JERSEY, AND ALEXANDER ALLAN, COUNTY CLERK OF THE COUNTY OF BERGEN, DEFENDANTS-RESPONDENTS.

Superior Court of New Jersey, Appellate Division.

Decided October 29, 1958.

Opinion Filed October 31, 1958.

Attorney(s) appearing for the Case

Mr. Paul T. Huckin argued the cause for plaintiff-appellant (Messrs. Huckin & Huckin, attorneys).

Mr. Bruce H. Losche argued the cause for defendants-respondent Mayor and Borough Council of the Borough of Westwood (Messrs. Bratt & Bratt, attorneys; Mr. George F. Losche, of counsel).

Mr. Milton T. Lasher argued the cause for defendant-respondent Alexander Allan, County Clerk.

Mr. Thomas P. Cook, Deputy Attorney General, appeared on behalf of the State Commissioner of Education, amicus curiae.

Before Judges SCHETTINO, HALL and GAULKIN.

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

This appeal involves a fundamental question concerning the legislative division of the powers and responsibilities of government at the municipal level between the local governing body and the board of education.

On September 23, 1958 the Mayor and Council of the Borough of Westwood adopted a resolution requesting the Bergen County Clerk to print upon the official ballots to be used at the general election...

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