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DOWNEY v. BD. OF EDUCATION OF JERSEY CITY

74 N.J. Super. 548 (1962)

181 A.2d 795

WILLIAM DOWNEY, JOSEPH C. TOSCANO AND HARRY F. SALOMON, PLAINTIFFS-RESPONDENTS, v. BOARD OF EDUCATION OF JERSEY CITY, COUNTY OF HUDSON, DEFENDANT, AND EDWARD J. DONNELLY, WILLIAM J. O'KEEFE AND AUGUSTUS A. TOMAIUOLI, DEFENDANTS-APPELLANTS.

Superior Court of New Jersey, Appellate Division.

Decided June 6, 1962.

Attorney(s) appearing for the Case

Mr. Solomon Lubow argued the cause for defendants-appellants.

Mr. T. James Tumulty argued the cause for respondents (Mr. Ezra L. Nolan, attorney).

Before Judges CONFORD, GAULKIN and KILKENNY.

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

Defendants appeal from a Law Division judgment which ousted them as members of the Jersey City Board of Education and adjudged that plaintiffs were entitled to the posts. The facts are not in dispute.

In 1957 Charles Witkowski was elected a commissioner and chosen mayor of Jersey City, then under Walsh Act commission government (R.S. 40:75-1 et seq.). In November 1960 Jersey City adopted...

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