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MARINO v. ZDANOWICA

66 N.J. Super. 512 (1961)

169 A.2d 517

MARCO MARINO, CLERK OF THE TOWNSHIP OF SADDLE BROOK, PLAINTIFF, v. EDWIN ZDANOWICA, MAYOR, JOHN J. JORDAN, RICHARD C. KELLY, BENJAMIN WALENCZYK AND BEN S. ELMO, MEMBERS OF THE TOWNSHIP COMMITTEE OF THE TOWNSHIP OF SADDLE BROOK, DEFENDANTS.

Superior Court of New Jersey, Law Division.

Decided March 27, 1961.

Attorney(s) appearing for the Case

Mr. Hubert J. Franklin, attorney for plaintiff.

Mr. Carmen M. Belli, attorney for defendants.

SCHNEIDER, J.C.C.

Defendants make a motion to dismiss or for summary judgment in this matter. The suit is by the township clerk against the governing body, seeking a declaratory judgment. On February 7, 1961 the governing body passed finally an ordinance to create the Saddle Brook Municipal Utilities Authority and the mayor approved and signed the same. Plaintiff alleges that on February 8, 1961 a petition was filed with the plaintiff by taxpayers of the municipality...

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