05-29-09 ELIZABETH SCHMIDHAUSLER, JOSEPH SHARPLES and SHIRLEY
SHARPLES, LISA ANN WADE, JOHN CIECURA and MARION
CIECURA and HILARY AYERS-KAVTARADZE v. PLANNING BOARD
OF THE BOROUGH OF LAKE COMO and RONALD GLYNN
A-5932-07T3
In this case, a Planning Board member who was ineligible to
vote on an application because he had missed one meeting at
which the application was heard voted although he neither read
the transcript nor listened to the tape of the meeting before
voting, as required by N.J.S.A. 40:55D-10.2. We held that the
remedy for such violation may be a remand to the Board to have
all the current members revote with those who had not attended
one or all of the hearings in the matter first review the
transcript or listen to the tape of any meeting or meetings they
may have missed, certify they have done so, and then deliberate
and vote.
Richard Sadowski
Assistant Editor
