BARRETT v. UNION TP. COMMITTEE


230 N.J. Super. 195 (1989)

553 A.2d 62

HELEN BARRETT, LEON ANDORS, DIANE DROBINSKI, CHARLES EM, JOHN FRAIN, BARBARA HAMBERGER, HELEN HAPPEL, PATTI L. HOFF, MARTIN A. KILLMORGAN, HERMAN LAZARUS, III, STEPHEN LAZORCHAK, MILDRED C. LINK, IRENE LOBELL, ROBERT LOBELL, JANE MANZIONE, JOSEPHINE MITCHELL, FRANK PACIFICO, SHIRLEY PACIFICO, DANIEL STICCO, DORIS STICCO, ELLEN WILSON AND WILLIAM WILSON, PLAINTIFFS-RESPONDENTS, v. UNION TOWNSHIP COMMITTEE AND UNION TOWNSHIP PLANNING BOARD, DEFENDANTS-APPELLANTS, AND DAVID HOFSTETTER AND JOANNE L. HOFSTETTER, HIS WIFE, INTERVENORS-APPELLANTS.

Superior Court of New Jersey, Appellate Division.

Decided February 3, 1989.


Attorney(s) appearing for the Case

J. Peter Jost argued the cause for defendant-appellant Union Township Committee.

Raymond S. Papperman argued the cause for defendant-appellant Union Township Planning Board (Vaida & Vaida, attorneys; David Vaida, of counsel and on the brief).

Daniel S. Bernstein argued the cause for intervenors-appellants David Hofstetter and Joanne L. Hofstetter, his wife (Bernstein, Hoffman & Clark, attorneys; Daniel S. Bernstein and Suzanne T. Bogad, of counsel and on the brief).

Avrom J. Gold argued the cause for plaintiffs-respondents (Mandelbaum, Salsburg, Gold, Lazris, Discenza & Steinberg, attorneys; Avrom J. Gold, of counsel and on the brief).

Before Judges MICHELS, LONG and KEEFE.


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

The pivotal issue posed by these consolidated appeals is whether Councilman John Strube, a member of the defendant Union Township Committee (Township Committee) was in a position of conflict of interest when he voted for an amendment to the Union Township Zoning Ordinance that permitted the construction of a continuing care community on property adjacent to...

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