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MISKOWITZ v. UNION COUNTY UTILITIES AUTH.

764 A.2d 455 (2001)

336 N.J. Super. 183

Lois MISKOWITZ, Plaintiff-Appellant, v. UNION COUNTY UTILITIES AUTHORITY, Defendant-Respondent. Harry P. PAPPAS, Plaintiff-Appellant, v. UNION COUNTY UTILITIES AUTHORITY, a public body corporate and politic of the State of New Jersey; James Kennedy, as Chairman of the Union County Utilities Authority and in his individual capacity; Edward Jackus, Richmond Lapolla, John G. Kulish, William Wolf, as Commissioners of the Union County Utilities Authority and in their individual capacities; County of Union; Michael Lapolla, as County Manager of Union County and in his individual capacity; and Lawrence M. Caroselli, as Director of Finance of Union County and in his individual capacity, Defendants-Respondents.

Superior Court of New Jersey, Appellate Division.

Decided January 5, 2001.

Attorney(s) appearing for the Case

Robert F. Renaud, Cranford, argued the cause for appellant Lois Miskowitz in A-235-99T3 (Palumbo & Renaud, attorneys; Mr. Renaud, on the brief).

Thomas P. Scrivo, Morristown, argued the cause for appellant Harry P. Pappas in A-1342-99T2 (McElroy, Deutsch & Mulvaney, attorneys; Mr. Scrivo, Florina A. Moldovan and Meredith A. Walling, on the brief).

Richard H. Bauch, Newark, argued the cause for respondent Union County Utilities Authority in both appeals and for respondents James Kennedy, Edward Jackus, Richmond Lapolla, John G. Kulish, and William Wolf in A-1342-99T3 (Schenk, Price, Smith & King, attorneys; Mr. Bauch, of counsel and on the briefs).

Sandro Polledri argued the cause for respondents County of Union, Michael Lapolla and Lawrence M. Caroselli in A-1342-99T3 (Genova, Burns & Vernoia, attorneys; Mr. Polledri, on the brief).

Before Judges BAIME, WALLACE, Jr., and LINTNER.

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

Plaintiffs Harry Pappas and Lois Miskowitz appeal from a summary judgment dismissing their complaints against the Union County Utilities Authority (UCUA), its individual members, and other public officers. At issue is whether the UCUA acted lawfully in terminating plaintiffs' fixed term employment contracts as part of a restructuring to meet the fiscal crisis prompted by federal decisions declaring unconstitutional...

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