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MAESE v. SNOWDEN

148 N.J. Super. 7 (1977)

371 A.2d 802

JOANNE MAESE; HUGH PLATT, JR.; VICTOR RIOS; WILLIAM STEVENSON, AND ROGER E. WEISS, INDIVIDUALLY AND AS MEMBERS OF THE COMMITTEE OF THE PETITIONERS OF THE TOWNSHIP OF DENVILLE, PLAINTIFFS-APPELLANTS, v. JOAN R. SNOWDEN, ACTING MUNICIPAL CLERK OF THE TOWNSHIP OF DENVILLE, AND FRANK A. HEADLEY, MORRIS COUNTY CLERK, DEFENDANTS-RESPONDENTS.

Superior Court of New Jersey, Appellate Division.

Decided February 25, 1977.

Attorney(s) appearing for the Case

Mr. Edmund E. Lynch argued the cause for appellants.

Mr. Theodore E.B. Einhorn argued the cause for respondent Joan R. Snowden (Messrs. Einhorn & Harris, attorneys).

No appearance was made on behalf of respondent Frank A. Headley.

Before Judges MATTHEWS, SEIDMAN and HORN.

PER CURIAM.

The primary issue projected in this appeal by plaintiffs is whether a proposed ordinance sought to be enacted through the initiative petition process should be submitted to the ballot. Defendant Snowden1, Municipal Clerk of the Township of Denville (township), in which the controversy arose, acting upon the advice of the municipal attorney that the ordinance was illegal, actively took steps to prevent its submission to the...

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