Van Itallie v. Borough of Franklin Lakes

The opinion of the court was delivered by

Pkoctok, J.

Plaintiff, a taxpayer, filed a complaint in lieu of prerogative writ in the Superior Court, Law Division, challenging the validity of two ordinances of the Borough of Franklin Lakes, principally on the ground that a conflict of interest existed on the part of two of the borough councilmen, Birrer and Bender. Ordinance 139 regulates the location and establishment of cemeteries within the municipal boundaries and Ordinance 140 is a general amendment to the borough zoning ordinance. At the close of plaintiff’s case the trial court granted…