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D'ERCOLE v. MAYOR & COUNCIL, ETC.

198 N.J. Super. 531 (1984)

487 A.2d 1266

GUS D'ERCOLE, PLAINTIFF-APPELLANT, v. MAYOR AND COUNCIL OF THE BOROUGH OF NORWOOD, A MUNICIPAL CORPORATION OF THE STATE OF NEW JERSEY, AND NORWOOD FIRE COMPANY NO. 1, A CORPORATION OF THE STATE OF NEW JERSEY, INTERVENOR, DEFENDANTS-RESPONDENTS.

Superior Court of New Jersey, Appellate Division.

Decided November 16, 1984.

Attorney(s) appearing for the Case

Kenneth Dolecki argued the cause for appellant (Bruce S. Koppel, attorney).

Allan P. Browne argued the cause on behalf of respondent Norwood Fire Company No. 1 (Breitenstein & Browne, attorneys; Allan P. Browne on the brief).

Francis J. DeVito argued the cause on behalf of respondent Borough of Norwood (letter filed reversing position of Borough below and relying on brief of appellant).

Before Judges McELROY, DREIER and SHEBELL.

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

This appeal arises from a complaint in lieu of prerogative writ filed by appellant to challenge the validity of an ordinance adopted by the Borough of Norwood. The ordinance authorized the borough to enter into a 20 year lease of a firehouse owned by defendant, Norwood Fire Company No. 1, the borough's volunteer fire company.

Plaintiff-appellant contends the ordinance is invalid because it authorized...

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