Berkeley Township Zoning Board of Adjustment v. Rowe

SERPENTELLI, A.J.S.C.

May a Board of Adjustment member withdraw a resignation from the Board before it is accepted by the appointing authority? That is the novel question presented by this case. It requires the court to determine the legislative intent underlying N.J.S.A. 40A:9-12.1(b), which has modified the common law principles regarding the resignation of appointed public officials.

Defendant Purnell M. Rowe (Rowe), a member of the Berkeley Township Zoning Board of Adjustment (Board), submitted a letter of resignation to the Board’s Acting Chairman at the Board’s meeting of May 13, 1998.…