At the meeting on August 11 the Council voted to take this action and voided plaintiff's franchise. On August 6, 1964, the Township Clerk notified the plaintiff that the Council at its regular meeting on August 11, 1964, would consider rescinding the resolution of June 9. *537 On Jthe plaintiff notified the township in writing that he was accepting the franchise as required by N.J.S.A. Thereafter, the Township Clerk conducted a post card poll of the taxpayers which confirmed the existence of an overwhelming opposition to the construction of a waste disposal plant in the township. This disapproval led to a public protest meeting which was attended by several members of the Council. Within the next two weeks news of the proposed incinerator spread, and a large number of the township's residents expressed strong disapproval of the Council's action. On Jthe Council, by resolution, granted plaintiff a "franchise to build and operate an incinerator or waste disposal plant for a period of twenty (20) years in accordance with Township ordinances and all State codes and regulations." 40:66-6, to build and operate a garbage incinerator on a tract of land in the township. On April 29, 1964, the plaintiff applied to the Council for a franchise, pursuant to N.J.S.A. We certified plaintiff's appeal on our own motion prior to argument in the Appellate Division. After trial the Superior Court, Law Division, entered judgment for the defendants. The complaint also sought damages for the rescission. Plaintiff filed a complaint seeking reinstatement of a resolution of the Pequannock Township Council which granted him a franchise to build and operate a garbage incinerator and which was later rescinded by the Council. *536 The opinion of the court was delivered PER CURIAM. Goldberger argued the cause for appellant. MAYOR AND COUNCIL OF THE TOWNSHIP OF PEQUANNOCK, A MUNICIPAL CORPORATION OF THE STATE OF NEW JERSEY, DEFENDANTS-RESPONDENTS.
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