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OUGHTON v. MOORESTOWN TP. FIRE COM'RS BD.

178 N.J. Super. 565 (1981)

429 A.2d 1059

SAMUEL E. OUGHTON AND JEANNETTA W. KEYSER, PLAINTIFFS-RESPONDENTS, v. BOARD OF FIRE COMMISSIONERS, FIRE DISTRICT NO. 1, MOORESTOWN TOWNSHIP, BURLINGTON COUNTY, ET AL, DEFENDANTS-APPELLANTS, AND DOVER TOWNSHIP FIRE COMMISSIONERS, DEFENDANT-INTERVENOR-APPELLANT.

Superior Court of New Jersey, Appellate Division.

Decided January 30, 1981.

Attorney(s) appearing for the Case

Ronald C. Morgan argued the cause for appellants Board of Fire Commissioners, Fire District No. 1, Moorestown Township (Parker, McCay & Criscuolo, attorneys; Ronald C. Morgan on the brief).

Laurence A. Hecker argued the cause for intervenor appellants Dover Township Fire Commissioners and for Amicus Curiae New Jersey State Association of Fire Districts.

Mary Anne Polk O'Meara argued the cause for respondents Samuel E. Oughton and Jeannetta W. Keyser (John A. Rank, III, of counsel and on the brief).

Before Judges BISCHOFF, MILMED and FRANCIS.

PER CURIAM.

In a decision reported at 168 N.J.Super. 434 (Law Div. 1979) Judge Haines, sitting in the Law Division of the Superior Court, ruled that:

1. Fire commissioners in fire districts may not create paid positions in volunteer fire companies without the prior authorization of the municipal governing body. Id. at 449.

2. The power to create a paid...

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