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McGuckin & Dasti Victorious Before the Appellate Division

The Firm has scored another victory before the Appellate Division of the Superior Court. In Berkeley Family Apartments, LLC v. Township of Berkeley, decided on December 7, 2015, the Appellate Division, in the unpublished decision, held that a municipality’s governing body cannot be compelled to adopt a resolution of need.  The three judge appellate panel found that because the adoption of resolution of need is not a ministerial act, the plaintiff could not compel the township to adopt the resolution through a writ of mandamus.  The Appellate Division affirmed the trial court’s dismissal of the plaintiff’s complaint against the township.

Gregory P. McGuckin argued the case before the Appellate Division and Christopher J. Dasti authored the briefs.