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O'KEEFE v. DUNN

89 N.J. Super. 383 (1965)

215 A.2d 66

MAURICE A. O'KEEFE, PLAINTIFF, v. THOMAS G. DUNN, AS MAYOR OF THE CITY OF ELIZABETH, N.J., AND THE CITY COUNCIL OF THE CITY OF ELIZABETH, N.J., DEFENDANTS.

Superior Court of New Jersey, Law Division.

Decided November 10, 1965.

Attorney(s) appearing for the Case

Mr. William Miller attorney for plaintiff.

Mr. Raymond D. O'Brien, City Attorney, for defendants.

FELLER, J.S.C.

This is an action in lieu of prerogative writs in which plaintiff, a member of city council, challenges the right of defendant mayor of the City of Elizabeth, to veto his appointment by city council to the local housing authority. Defendants filed a counterclaim in which they assert that by law plaintiff, as a member of city council, is ineligible for appointment to the office of housing authority commissioner.

Plaintiff was appointed to the...

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