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YATES v. KELLY

113 N.J. Super. 533 (1971)

274 A.2d 589

CHARLES B. YATES, CRAIG YATES, ALBERT CARNIVALE, HARRY M. DANLEY AND THOMAS J. LeJAMBRE, PLAINTIFFS-APPELLANTS, v. EDWARD A. KELLY, JR., COUNTY CLERK OF BURLINGTON COUNTY, NANCY MAY, DOROTHY P. MAIN, EDWARD G. SNOW AND GLENN C. BAKER, MEMBERS OF THE BOARD OF ELECTIONS OF BURLINGTON COUNTY, DEFENDANTS-RESPONDENTS.

Superior Court of New Jersey, Appellate Division.

Decided February 25, 1971.

Attorney(s) appearing for the Case

Mr. George H. Barbour, attorney for appellants.

Mr. George F. Kugler, Jr., Attorney General, attorney for respondent Burlington County Board of Elections (Mr. Stephen Skillman, Assistant Attorney General, of counsel; Mr. Dennis J. Quinn, Mr. David S. Litwin and Mr. Gordon Golum, Deputy Attorneys General, on the brief).

Mr. D. Neil Manuel, attorney for respondent County Clerk Edward A. Kelly, Jr.

Before Judges GOLDMANN, LEONARD and MOUNTAIN.

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

The issue to be determined on this appeal is whether Assembly District 4B created by the Apportionment Commission in 1967, or Assembly District 4B as reconstituted by the Apportionment Commission in 1969, should be used in the forthcoming election to fill the vacancy created by the resignation of Burlington County Senator Edwin B. Forsythe, who was elected...

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