ADAMS v. GOLDNER


156 N.J. Super. 299 (1978)

383 A.2d 1149

DONALD ADAMS, PLAINTIFF-APPELLANT, v. JOHN GOLDNER, THOMAS HIGHTON, DIRECTOR OF THE DEPARTMENT OF PUBLIC SAFETY, HARRISON C. HULTMAN, DIRECTOR OF THE DEPARTMENT OF REVENUE AND FINANCE, ROBERT McKECHNIC, SUPERVISOR OF ACCOUNTS, ALL OF THE CITY OF UNION CITY, AND THE CITY OF UNION CITY, A MUNICIPAL CORPORATION, DEFENDANTS-RESPONDENTS.

Superior Court of New Jersey, Appellate Division.

Decided February 3, 1978.


Attorney(s) appearing for the Case

Mr. Victor P. Mullica argued the cause for appellant.

Mr. Edward J. Lynch, Corporation Attorney, argued the cause for respondents Highton, Hultman, McKechnic and the City of Union City.

Mr. Robert L. Garibaldi argued the cause for respondent Goldner (Messrs. Burke, Sheridan & Hourigan, attorneys).

A joint brief was filed by Messrs. Lynch and Burke, Sheridan & Hourigan, on behalf of all respondents.

Before Judges LYNCH, BISCHOFF and KOLE.


PER CURIAM.

Plaintiff, a taxpayer in Union City, appeals from a judgment dismissing his complaint in lieu of prerogative writs which sought, in essence, to invalidate the promotion of defendant Goldner, a policeman in that city, to the position of sergeant, to prevent the payment of the increased salary flowing from the promotion, and to compel Goldner to repay to the municipality all sums of money paid to him in excess...

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