Delspina v. Woscha Inc

The opinion of the court was delivered by

BRODY, J.A.D.

Plaintiff commenced this action to declare invalid a resolution of the Council of the Township of West Orange that purports to replace him as a “trustee” of the West Orange Senior Citizens Housing Association (WOSCHA). Defendant Samuel A. Spina, Mayor of West Orange, asserting in a “Sixth Separate Defense” that he alone has the authority to appoint trustees to WOSCHA, sought a declaration of that authority “should the Court determine that appointments are to be made as a result of the within litigation.” The trial judge decided in a letter…