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NEWMAN v. BOROUGH OF FAIR LAWN

31 N.J. 279 (1960)

157 A.2d 314

NATHAN NEWMAN ET AL., PLAINTIFFS-APPELLANTS, v. BOROUGH OF FAIR LAWN, BERGEN COUNTY, NEW JERSEY, ET AL., DEFENDANTS-RESPONDENTS.

The Supreme Court of New Jersey.

Decided January 11, 1960.

Attorney(s) appearing for the Case

Mr. Seymour Cohen argued the cause for plaintiffs-appellants (Mr. Joseph Coult, on the brief).

Mr. Samuel S. Black argued the cause for defendants-respondents.

Mr. Edward Sachar, upon leave granted, argued the cause for New Jersey Federation of Official Planning Boards, amicus curiae (Messrs. Sachar, Sachar & Bernstein, attorneys; Mr. Stanley Cutler, on the brief).

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

This appeal arises from an action in lieu of prerogative writ brought in the Superior Court, Law Division, challenging the validity of an ordinance of the Borough of Fair Lawn, No. 734, approved June 23, 1959. This ordinance purported to create a municipal planning board pursuant to N.J.S.A. 40:55-1.4, to abolish the then existing planning board, and to terminate the terms of office of all members of that...

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