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DOLAN v. BOROUGH OF TENAFLY

75 N.J. 163 (1977)

380 A.2d 1119

MILES F. DOLAN, WILLIAM T. DIEFFENBACH, PHILIP CODNER, PAUL LOSICK, FRANK QUITADAMO, WARREN TISCH AND ANNE M. PEMBROKE, PLAINTIFFS-APPELLANTS, v. BOROUGH OF TENAFLY, A MUNICIPAL CORPORATION IN THE COUNTY OF BERGEN AND STATE OF NEW JERSEY, DEFENDANT-RESPONDENT.

The Supreme Court of New Jersey.

Decided November 30, 1977.

Attorney(s) appearing for the Case

Mr. Walter T. Wittman argued the cause for appellants (Messrs. Wittman, Anzalone, Bernstein and Dunn, attorneys; Mr. Wittman and Mr. Frederick L. Bernstein, of counsel; Mr. Thomas W. Dunn on the brief).

Mr. Philip R. Carlin and Mr. Donald W. De Cordova argued the cause for respondent (Messrs. Morrison and Griggs and Messrs. Goldberg and Carlin, attorneys).

Messrs. Gladstone, Hart, Mandis, Rathe and Shedd and Messrs. Moskowitz and Zamparelli submitted a brief on behalf of amici curiae Bergen County Urban League, Suburban Action Institute, Norman Rosen, Eugene Skurnick, Rita Buchsbaum, Berta Lewin, Kermit Berger and Norman Davis.

The opinion of the court was delivered by MOUNTAIN, J.

Plaintiffs are taxpayers of the Borough of Tenafly. They brought this action to test the validity of an ordinance and supplemental resolution which authorized the borough's acquisition of a certain tract of land, to be funded in part by the issuance of bonds. Defendant municipality moved for summary judgment, and the motion was granted. Plaintiffs appealed to the Appellate Division, and we granted certification...

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