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BOR. OF HIGHLANDS v. DAVIS

124 N.J. Super. 217 (1973)

305 A.2d 814

BOROUGH OF HIGHLANDS, PLAINTIFF, v. JAMES T. DAVIS, DEFENDANT, AND RICHARD GILL, LUKE PENTA AND ROBERT WATERS, INDIVIDUALLY AND AS COUNCILMEN OF THE BOROUGH OF HIGHLANDS, DEFENDANTS-INTERVENORS.

Superior Court of New Jersey, Law Division.

Decided May 24, 1973.

Attorney(s) appearing for the Case

Mr. Edward C. Stokes argued the cause for plaintiff (Messrs. Stokes, Throckmorton & Cieri, Attorneys).

Mr. Henry J. Saling argued the cause for defendant, James T. Davis (Messrs. Saling, Moore, O'Mara & Coogan, Attorneys).

Mr. William G. Bassler argued the cause for defendants-intervenors (Labrecque, Parsons & Bassler, Attorneys).

LANE, J.S.C.

The complaint, filed on behalf of the Mayor of Highlands, seeks a declaratory judgment whether the Mayor or the majority of the governing body of the Borough of Highlands has the authority to make appointments and promotions in the Police Department. At a meeting of the Borough Council held November 9, 1972 defendant Davis was appointed by vote of the Council sergeant effective immediately but with the salary to start January 1, 1973. Defendants-intervenors...

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