Hambright v. Martini

Plaintiffs in this proceeding in lieu of prerogative writ seek summary judgment reversing and setting aside the decision of the Clerk of the City of Passaic that the number of petitioners requesting a special election on the question of the adoption of the municipal manager form of government was legally insufficient, ordering said Clerk to receive additional petitions, and directing him to call the election.

The facts are not in dispute. Petitions bearing 4,029 names were filed with the Clerk on May 2, 1949, in accordance with the provisions of R.S. 40:80-1, which reads as follows:

"The legal…