Apgar v. Smith

Haines, J. S. C.

On April 26, 1979 a substantial revision of the statutes relating to vacancies in the membership of municipal governing bodies became effective. Its provisions control this dispute.

Thomas A. Kelly was in his first year of a four-year term as a member of ML Laurel Township Council. On May 5, 1979, by reason of an employment promotion which required him to move' to Ohio, he wrote to the clerk of the township *223saying, in part, "I hereby tender my resignation from the governing body effective May 31, 1979.” On May 7, 1979 Council accepted his resignation and adopted a resolution…