The Oct. 26 Point Beach Borough Council vote to start legal action against Jenkinson's for not paying special event fees is not valid.
The measure required three affirmative votes, said Borough Administrator Christine Riehl on Monday.
That would have been a majority of the quorum at the meeting.
However, So the measure would have to be voted on again, and supported by a majority of the quorum present, to be valid.
At the Oct. 26 meeting, Council members Sean Hennessy and Frank Rizzo were absent.
Council members Kristine Tooker and Michael Corbally voted to have borough attorney Thomas Gannon research whether legal action should be launched in municipal or Superior Court and to then proceed.
Council member Tim Lurie voted no.
Mayor Vincent Barrella did not vote because in the mayor-borough council form of government, the mayor only votes when there is a tie.
So there were two yes votes of the quorum of five, which was not enough for the vote to be valid, something that none of the officials apparently realized that night.
Corbally said on Monday that he will reintroduce the measure at the next meeting, scheduled for Nov. 22.