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FALCONE v. DEFURIA

199 N.J. Super. 554 (1985)

489 A.2d 1263

JOSEPH A. FALCONE, PASSAIC COUNTY PROSECUTOR AND BERNARD TERRANOVA, CHIEF OF POLICE, TOWNSHIP OF LITTLE FALLS, PLAINTIFFS-APPELLANTS, v. FREDERICK DEFURIA, MAYOR OF THE TOWNSHIP OF LITTLE FALLS AND THE TOWNSHIP COMMITTEE OF LITTLE FALLS, DEFENDANTS-RESPONDENTS.

Superior Court of New Jersey, Appellate Division.

Decided January 16, 1985.

Attorney(s) appearing for the Case

Dante P. Mongiardo, Senior Assistant Prosecutor, argued the cause for appellants (Joseph A. Falcone, Passaic County Prosecutor, attorney).

James V. Segreto, argued the cause for respondents (Segreto & Segreto, attorneys).

An amicus curiae brief was filed on behalf of Irwin I. Kimmelman, Attorney General of New Jersey (Ronald Susswein, Deputy Attorney General, on the brief).

An amicus curiae letter brief was filed on behalf of the New Jersey Association of Chiefs of Police (Villoresi and Jansen, attorneys; Stephen H. Shaw, on the letter brief).

Before Judges MICHELS, PETRELLA and BAIME.

PER CURIAM.

A declaratory judgment action was instituted to challenge as violative of the 1981 amendment to N.J.S.A. 40A:14-118 (L. 1981, c. 266) a municipal ordinance of the Township of Little Falls, Passaic County which provided for the appointment of two detectives to the police force by the chief of police with the approval of the governing body. The trial judge upheld the ordinance over plaintiffs' claim that the amendment gave exclusive...

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