Steger v. Schellenger

This is an election case. A petition having been filed under R. S. 40:79-1 et seq. for a special election to adopt the municipal-manager form of government for the City of Cape May, the clerk of the municipality called for the election on August 9, 1960. A complaint was filed seeking to restrain the election. The defendant clerk conceded plaintiff should prevail, and in the light of the clerk’s position, appellant was permitted to intervene to sustain the call for the election. The trial court granted summary judgment for plaintiff and the Appellate Division affirmed fox the reasons orally…