Botkin v. Mayor and Borough Council of Westwood

Pee Cubiam.

The Appellate Division determined that a non-binding referendum proposed by the Borough of Westwood under B. S. 19:37-1 et seq., as amended by L. 1942, c. 50, should be removed from the ballot. One judge dissented. The governing body of the borough resolved not to appeal. The county clerk, however, did appeal. Argument was had on short notice in view of the impending election on November 4. On the day of argument we announced our decision that the appeal be dismissed for the reasons herein stated.

The county clerk agreed that he would have no difficulty in complying with the…