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CROOK v. CLARK TP.

74 N.J. Super. 148 (1962)

180 A.2d 715

WARREN CROOK, PLAINTIFF, v. TOWNSHIP OF CLARK IN THE COUNTY OF UNION, WILLIAM MAGUIRE, AS MAYOR OF THE TOWNSHIP OF CLARK, VICTOR CORDONE, JOHN FARMAR, JOHN HAGGERTY, HARRY XIFO, HAROLD HARRIS, JOHN CONNOR AS MEMBERS OF THE TOWNSHIP COUNCIL OF THE TOWNSHIP OF CLARK, AND THE TOWNSHIP COUNCIL OF THE TOWNSHIP OF CLARK, EDWARD R. PADUSNIAK, AS TOWNSHIP CLERK OF THE TOWNSHIP OF CLARK AND JOSEPH SMITH, INDIVIDUALLY, AND AS DIRECTOR OF PUBLIC WORKS AND ENGINEERING OF THE TOWNSHIP OF CLARK, DEFENDANTS.

Superior Court of New Jersey, Law Division.

Decided April 30, 1962.

Attorney(s) appearing for the Case

Mr. John B. Stone, Jr., argued the cause for the plaintiff (Messrs. Ryan, Saros, Davis & Stone, attorneys).

Mr. Irvine B. Johnstone, Jr., argued the cause for the defendant Township of Clark (Messrs. Dughi & Johnstone, attorneys).

Mr. Charles Rubenstein argued the cause for the defendant Joseph J. Smith (Messrs. Rubenstein & Glick, attorneys).

FELLER, J.S.C.

This is an action in lieu of prerogative writs. Plaintiff demands judgment that the special meeting of the township council of the Township of Clark on August 22, 1961 be declared illegal and void; that the resolution adopted at that meeting rejecting the dismissal of defendant Joseph J. Smith by the mayor be declared illegal and void, and that the part of the resolution rejecting all charges made by the mayor against defendant Smith be vacated.

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