City of Clifton v. Zwier

Naeell, J. C. C.

(temporarily assigned). This is a suit for a declaratory judgment but is equivalent to a proceeding in lieu of the prerogative writ of quo warranto between contesting claimants to the offices of members of the Planning Board of the City of Clifton. The matter comes up on motion for summary judgment.

On April 20, 1943 the City of Clifton, by ordinance, created a planning board pursuant to the enabling statute, R. 8. 40:55-1 et seq., L. 1930, c. 235, repealed and replaced by L. 1953, c. 433 {N. J. 8. A. 40:55—1.1 et seq).

Until November 1, 1.960 appointments to the planning-board…