Reilly v. Brice

The opinion of the Court was delivered by

O’HERN, J.

This case concerns the measure of discretion vested in courts under Rule 4:69-6(c) to enlarge the ordinarily applicable forty-five day limitation within which courts may review certain actions of municipal governing bodies. We hold that in the circumstances of this case the proper exercise of discretion is to enlarge the forty-five day limitation to allow review of the challenged municipal action.

The case arises from the Lavallette Borough Council’s ratification, at a December 28, 1983, special meeting, of an award of a municipal “consulting”…