Township of Brick v. Spivak

The opinion of the court was delivered by

Kilkenny, J. A. D.

Township of Brick and the four individual plaintiffs, who had been among the 26 candidates running for the seven councilman-at-large seats at the regular municipal election on May 9, 1967 and who had placed 8th, 9th, 10th and 11th in the balloting, brought a declaratory judgment action in the Law Division and thereby sought an adjudication that there must be a run-off election under N. J. S. A. 40 :69xV--160 and 161 for four of the seven council seats for which none of the candidates had received a majority vote. Defendants, who had…