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AYRES v. DAUCHERT

130 N.J. Super. 522 (1974)

328 A.2d 1

KENNETH R. AYRES, BERNARD L. ZOVLUCK, AND ANDREW A. VACCARO, PLAINTIFFS-RESPONDENTS, v. TERRE L. DAUCHERT, DEFENDANT-APPELLANT, AND THE MAYOR AND COUNCIL OF THE BOROUGH OF CRESSKILL, A MUNICIPAL CORPORATION, JOHN V. LYONS AND HARRY RANDALL, JR., AND ROBERT E. McGUIRE, PRACTICING LAW UNDER THE FIRM NAME OF RANDALL, RANDALL AND McGUIRE, DEFENDANTS.

Superior Court of New Jersey, Appellate Division.

Decided October 23, 1974.

Attorney(s) appearing for the Case

Mr. Kurt E. Johnson argued the cause for appellant.

Mr. Anthony D. Andora argued the cause for respondents (Messrs. Andora, Palmisano & DeCotiis, attorneys).

Before Judges MATTHEWS, FRITZ and BOTTER.

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

This is an appeal by defendant Terre L. Dauchert (Dauchert) from an adverse summary judgment in a suit in lieu of prerogative writs challenging his right to sit as a councilman in the Borough of Cresskill. The precise question presented is whether a councilman — in this case, Dauchert — may extend his term by resigning his seat in order to accept...

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