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D'ASCENSIO v. BENJAMIN

142 N.J. Super. 52 (1976)

359 A.2d 885

FRANK D'ASCENSIO, CITY CLERK, OF NEWARK, NEW JERSEY, PLAINTIFF-APPELLANT, v. JAMES BENJAMIN, COYT L. JONES, GEORGE JONES, CARL L. GREGORY AND WILBUR McNEIL, INDIVIDUALLY, AND AS THE COMMITTEE OF PETITIONERS, DEFENDANTS-RESPONDENTS.

Superior Court of New Jersey, Appellate Division.

Decided June 8, 1976.

Attorney(s) appearing for the Case

Mr. Salvatore Perillo, First Assistant Corporation Counsel, argued the cause for plaintiff-appellant (Mr. Milton A. Buck, Corporation Counsel, City of Newark, attorney).

Mr. Bernard K. Freamon, Project Director, Community Legal Action Workshop, argued the cause for defendants-respondents.

Before Judges LYNCH, LARNER and HORN.

PER CURIAM.

After a plenary hearing the trial judge sustained the validity of petitions seeking a public referendum pursuant to N.J.S.A. 40:69A-184 looking toward the adoption of an ordinance establishing a civilian complaint review board in the City of Newark. The city clerk had rejected the petitions and justified his rejection on the following grounds: (1) the petitions did not contain the requisite number of valid signatures, (2) the petitions were "stale...

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