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time. Rather, if there had been a quorum, as required by law, then the unrecorded vote by the Town would have been invalid since the record would have proved that a quorum had not been met. The Town is now bringing a mandamus action to determine whether its officers’ vote is valid. However, no matter how the Town, in the future, votes to affirm its founding documents, the question will arise, as it did in the case of the town of Moonachie, how are the procedural safeguards, including a quorum requirement, to be maintained if there is an individual vote over the course of any ongoing meeting? Conclusion While the Town’s interest in defending its land-use board against the legal actions of the Sands may be sufficient to justify the taking of their land, a broader argument could be made that the Town’s interest is actually against the public at large and thus a case could be made for the suit being brought by a third party entity such as a governmental body or even an interest group. In that scenario, the Township could have asserted a statute of limitations defense in an attempt to mitigate the Sands’ delay in bringing their action. The Sands’ action does not assert claims of fraud or misrepresentation. While the court may decide in favor of the Sands and affirm the validity of their amended contract with the Township, as Judge Ditkowsky has stated, “…while there may be certain rights to contest the exercise of the Township’s powers based on our statutes or Constitution, there is no constitutional right to seek millions of dollars from our taxpayers.” Rather than have the state intervene in the matters, it may be that the burden should fall upon the Sands to defend themselves against this suit to the extent their own legal fees are not covered. Representatives of the Sands on July 16, 2014. (COURTESY) 0 Responses Leave a Reply Jeff H. is a high school teacher in Hackensack, New Jersey who has been writing since he was 15 years old. His articles have appeared in “The Star-Ledger,” “The New Jersey Law Journal” and various other publications. In addition to his writing, Jeff has been the lead vocalist for several different rock bands in the past, including The Silent Timer.[Value of combined application of autologous and allogenic blood transfusions in hip fracture].

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