GALLOWAY v. COUNCIL OF CLARK TP.


94 N.J. Super. 527 (1967)

229 A.2d 279

TERRANCE GALLOWAY AND HELEN GALLOWAY, HIS WIFE, PLAINTIFFS-APPELLANTS, v. COUNCIL OF THE TOWNSHIP OF CLARK, DEFENDANT-RESPONDENT.

Superior Court of New Jersey, Appellate Division.

Decided April 17, 1967.


Attorney(s) appearing for the Case

Mr. Michael A. Posnock argued the cause for appellants (Mr. George W. Morton, Jr., attorney).

Mr. Irvine B. Johnstone, Jr. argued the cause for respondent.

Before Judges SULLIVAN, KOLOVSKY and CARTON.


PER CURIAM.

The question presented on this appeal is the validity of a bonding ordinance adopted by the Township of Clark on March 28, 1966. Such a bonding ordinance requires the affirmative vote of two-thirds of the full membership of the council. N.J.S. 40A:2-17. Since there were seven members of the council, the passage of the ordinance required and received the affirmative vote of five members.

However, plaintiffs insist that the ordinance is invalid...

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