Golaine v. Cardinale

Peessleb, J. O. C.,

Temporarily Assigned. The narrow and novel legal question presented by this action in lieu of prerogative writs arises out of a mayor’s removal for cause of a Class IY (citizen-at-large) member of a municipal planning board pursuant to the provision of N. J. S. A. 40:55-1.4 which authorizes a member’s removal, after hearing, for “inefficiency, neglect of duty, or malfeasance in office.”

The factual basis of the controversy, largely undisputed, is made clear by the record of the removal hearing upon which this action was tried. Plaintiff Joseph Golaine a civil engineer, was…