Stark v. Fell

The opinion of the court was delivered by

Porter, J.

The question raised by the pleadings in this case is by what warrant the defendants claim to hold and to have the right to exercise the offices of commissioners of the Housing Authority of the city of Trenton. The relator sues out the writ as a citizen and taxpayer.

The facts are not disputed. By vote of the people the form of government of Trenton was changed on April 11th, 1939, from the “municipal manager” to the “commission form.” There was an election subsequently held and a board of commissioners duly elected and qualified. Thereafter,…