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SCANNAPIECO v. ABATE

258 N.J. Super. 506 (1992)

610 A.2d 432

MATTHEW V. SCANNAPIECO, MAYOR OF THE TOWNSHIP OF MARLBORO, PLAINTIFF, v. FRANK G. ABATE, DEFENDANT.

Superior Court of New Jersey, Law Division Monmouth County.

Decided May 11, 1992.

Attorney(s) appearing for the Case

John O. Bennett, III, for plaintiff (Ansell, Zaro, Bennett, Kenney & Grimm, attorneys).

Fred I. Eckhaus for defendant (Cohan & Eckhaus, attorneys).

Jack Goldstein for intervenor Marlboro Township Planning Board (Goldstein & Wallman, attorneys).

MILBERG, A.J.S.C.

Matthew Scannapieco in his capacity as Mayor of the Township of Marlboro, Monmouth County (hereinafter referred to as Scannapieco) brings this action in lieu of prerogative writs for declaratory relief. He seeks a declaration that the appointment of the defendant, Frank G. Abate (hereinafter referred to as Abate) as a Class IV member of the Planning Board under N.J.S.A. 40:55D-23(a) is void ab initio and a declaration that a Class IV...

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