Corrigan v. Palkoski

SERPENTELLI, A.J.S.C.

The dispute in this case evolves from the recent amendment of the Optional Municipal Charter Law, commonly known as the Faulkner Act. The issue presented is who has the authority in a municipality functioning under the Faulkner Act to appoint members to the board of adjustment.

*318Defendant mayor asserts that Chapter 374 of the Laws of 1985 amends the Faulkner Act to vest appointment authority in the mayor subject to the advice and consent of the township council. Plaintiff contends that the amendment does not affect the provisions of the Municipal Land Use Law, specifically…