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BOROUGH OF BELMAR P.B.A. v. BOROUGH OF BELMAR

174 N.J. Super. 370 (1980)

416 A.2d 926

BOROUGH OF BELMAR POLICEMEN'S BENEVOLENT ASSOCIATION OF LOCAL # 50 ET AL., PLAINTIFFS, v. BOROUGH OF BELMAR AND LAWRENCE A. VOLA, CHIEF OF POLICE, DEFENDANTS.

Superior Court of New Jersey, Law Division Monmouth County.

Decided May 2, 1980.

Attorney(s) appearing for the Case

Laurence M. McHeffey for plaintiffs (Hanlon, Dempsey & McHeffey, attorneys).

David A. Wallace for defendants (Gerald L. Dorf, attorney; Joseph Hillman, Jr., co-counsel and on the brief).

Larry R. Etzweiler, Deputy Attorney General, for amicus curiae John J. Degnan, Attorney General, John DeCicco, Assistant Attorney General, on the brief).

James R. Zazzali for amicus curiae New Jersey State Policemen's Benevolent Association (Zazzali, Zazzali & Whipple, attorneys; Francis J. Vernoia on the brief).

McGANN, J.S.C.

The essential relief sought in this action in lieu of prerogative writs is a declaration that the Borough of Belmar, through its police chief, does not have the power to hire and assign "special" police officers to the usual duties of "regular" police officers. A resolution of that issue involves an understanding of what those terms mean and an interpretation of applicable statutes. The Attorney General and State P.B.A. have been admitted as amici...

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