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DUNN v. FROEHLICH

155 N.J. Super. 249 (1978)

382 A.2d 686

THOMAS G. DUNN, AS MAYOR OF THE CITY OF ELIZABETH, NEW JERSEY, AND THE CITY OF ELIZABETH, A MUNICIPAL CORPORATION OF THE STATE OF NEW JERSEY, PLAINTIFFS-RESPONDENTS, v. RALPH G. FROEHLICH, DEFENDANT-APPELLANT.

Superior Court of New Jersey, Appellate Division.

Decided January 5, 1978.

Attorney(s) appearing for the Case

Mr. Harvey M. Douglen argued the cause for appellant (Messrs. Stier and Douglen, attorneys).

Mr. John R. Weigel argued the cause for respondents (Mr. Frank P. Trocino, attorney).

Before Judges LYNCH, BISCHOFF and KOLE.

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

The question presented by this appeal is whether the offices of municipal policeman — here a lieutenant — and councilman are incompatible, thereby precluding defendant from simultaneously holding both. The trial judge found that they were incompatible. He granted plaintiffs' application for a declaratory judgment and an injunction prohibiting defendant...

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