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BURGDORFER v. DEMAREST BOROUGH

81 N.J. Super. 15 (1963)

194 A.2d 508

DONALD CHARLES BURGDORFER AND PBA LOCAL 83, PLAINTIFFS-RESPONDENTS, v. THE BOROUGH OF DEMAREST, A MUNICIPAL CORPORATION OF THE STATE OF NEW JERSEY, AND ALEXANDER ALLAN, COUNTY CLERK OF THE COUNTY OF BERGEN, STATE OF NEW JERSEY, DEFENDANTS-APPELLANTS.

Superior Court of New Jersey, Appellate Division.

Decided October 18, 1963.

Attorney(s) appearing for the Case

Mr. William A. Fasolo argued the cause for appellant, Borough of Demarest.

Mr. William V. Breslin argued the cause for respondents.

Mr. Mario LaBarbera appeared on behalf of the Clerk of Bergen County (Mr. Nelson Gross, County Counsel, attorney).

Before Judges GOLDMANN, KILKENNY and COLLESTER.

The opinion of the court was delivered by COLLESTER, J.A.D.

The defendant, Borough of Demarest, appeals from a judgment of the Law Division declaring invalid an ordinance fixing the salaries of members of the police department of said borough and providing for a referendum vote thereon, and ordering the referendum question provided for by said ordinance removed from the ballot at the next general election.

On July 8, 1963 plaintiffs, pursuant to R.S.

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