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N. ARLINGTON PBA v. N. ARLINGTON BOR.

221 N.J. Super. 520 (1987)

535 A.2d 29

NORTH ARLINGTON PBA # 95, PLAINTIFF-APPELLANT, v. BOROUGH OF NORTH ARLINGTON, DEFENDANT-RESPONDENT.

Superior Court of New Jersey, Appellate Division.

Decided December 15, 1987.

Attorney(s) appearing for the Case

Paul L. Kleinbaum argued the cause for appellant (Zazzali, Zazzali & Kroll, attorneys).

Edwin C. Eastwood, Jr., argued the cause for respondent (Marc E. Berger, on the brief).

Deborah Klein Davis, Deputy Attorney General, argued the cause for amicus curiae Board of Trustees, Police and Firemen's Retirement System (W. Cary Edwards, Attorney General of New Jersey, attorney).

Before Judges KING, GAULKIN and GRUCCIO.

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

Plaintiff North Arlington PBA # 95 appeals from an adverse determination in its challenge to the facial validity of defendant Borough of North Arlington's ordinance governing elective retirement. Plaintiff contends before us, as it did before the Law Division, that the ordinance is preempted by State law. At our request, the Attorney General filed an amicus brief in which he urged that the borough's...

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