Scannapieco v. Abate

MILBERG, A.J.S.C.

Matthew Scannapieco in his capacity as Mayor of the Township of Marlboro, Monmouth County (hereinafter referred to as Scannapieco) brings this action in lieu of prerogative writs for declaratory relief. He seeks a declaration that the appointment of the defendant, Frank G. Abate (hereinafter referred to as Abate) as a Class IV member of the Planning Board under N.J.S.A. 40:55D-23(a) is void ab initio and a declaration that a Class IV member of a township planning board cannot serve simultaneously as a member of a regional utility authority. The Marlboro Township Planning…