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ACCARDI v. MAYOR & COUN. OF NO. WILDWOOD

145 N.J. Super. 532 (1976)

368 A.2d 416

JOHN ACCARDI AND FRANCES M. ACCARDI, PLAINTIFFS, v. MAYOR AND COUNCIL OF THE CITY OF NORTH WILDWOOD, A MUNICIPAL CORPORATION OF THE STATE OF NEW JERSEY, THE BOARD OF ADJUSTMENT OF THE CITY OF NORTH WILDWOOD, RAY RAKOWSKI, BUILDING INSPECTOR OF THE CITY OF NORTH WILDWOOD & JOSEPH BELZ, DEFENDANTS. AVALON HOME AND LAND OWNERS ASSOCIATION, A NEW JERSEY CORPORATION NOT FOR PROFIT, PLAINTIFF, v. BOARD OF ADJUSTMENT OF THE BOROUGH OF AVALON; WILLIAM NOBLE, CHAIRMAN OF THE BOARD OF ADJUSTMENT; JOHN P. MILLAR, VICE CHAIRMAN; THOMAS F. BOYLE; LAWRENCE HART AND DAVID F. SNOW, DEFENDANTS.

Superior Court of New Jersey, Law Division.

Decided November 15, 1976.

Attorney(s) appearing for the Case

Mr. Joseph C. Visalli for plaintiffs John Accardi and Frances M. Accardi.

Mr. William Balliette for defendants Mayor and Council of the City of North Wildwood and Ray Rakowski, Building Inspector of City of North Wildwood (Messrs. Cafiero & Balliette, attorneys).

Mr. Stephen S. Rubins for defendant Joseph Belz (Messrs. Rubins, Lamanna & Waldron, attorneys).

Mr. Jeffrey K. Israelow for defendant North Wildwood Board of Adjustment (Mr. Anthony J. Fulginiti, attorney).

Mr. Robert F. Dunlap for intervenors James and Katherine Kaminski (Messrs. Lipman, Antonelli, Batt & Dunlap, attorneys).

Mr. David H. Romberger for intervenor North Wildwood Hotel and Motel Associations.

Mr. N. Douglas Russell for plaintiff Avalon Home and Land Owners Association, a New Jersey Corporation not for profit.

Mr. Henry Gorelick for defendants Borough of Avalon Board of Adjustment; William Noble, Chairman of Board of Adjustment; John P. Millar, vice chairman; Thomas F. Boyle; Lawrence Hart and David F. Snow (Messrs. Hayman, Gorelick & Groon, attorneys).

Mr. Henry Ramer for intervenor Common Cause.

GRUCCIO, J.S.C.

The above two cases were consolidated for argument since both dealt with the question of what a public body can discuss in a private session under the Open Public Meetings Act (hereinafter the "Sunshine Law"), N.J.S.A. 10:4-6 et seq.

In Accardi one Belz applied to the North Wildwood Board of Adjustment for a variance to convert an old garage and auto showroom (which was a nonconforming use) into a delicatessen, beauty shop...

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