Ahto v. Weaver

The opinion of the court was delivered by

Hall, J.

At issue in this litigation is whether the defendants Weaver and Klein hold incompatible public offices in violation of the common law prohibition. The plaintiff, a taxpayer, sought their ouster from all of the offices they respectively occupy “or such other judgment as may be equitable and just.” The Law Division, on cross-motions for sum*422mary judgment, decided for defendants. The ensuing appeal reaches us on our grant of certification, applied for while the matter was awaiting hearing in the Appellate Division. R. R. 1:10-1A.

When the case was…