Gillson v. Heffernan

The opinion of the court was delivered by

Schettino, J.

We certified on our own motion this appeal to the Appellate Division from a declaratory judgment of the Superior Court, Law Division, determining as of January 1, 1962, the Class IY membership of the Planning Board of the Borough of Bergenfield and the expiration dates of the terms of the offices.

Bergenfield is governed by a mayor and common council. Plaintiffs are the mayor, four of his appointees to the planning board (Oxman, ELameny, Mendelson and Callahan), and a taxpayer (Brennan). They instituted this action in lieu of prerogative…