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MARA v. PARSIPPANY-TROY HILLS TWP.

24 N.J. 113 (1957)

130 A.2d 828

ANTHONY J. MARA, PLAINTIFF-RESPONDENT, v. TOWNSHIP OF PARSIPPANY-TROY HILLS, A MUNICIPAL CORPORATION IN THE COUNTY OF MORRIS AND STATE OF NEW JERSEY, JOHN P. BATCHELDER, MUNICIPAL MANAGER OF THE TOWNSHIP OF PARSIPPANY-TROY HILLS, AND HENRY AHLERS, DEFENDANTS-APPELLANTS.

The Supreme Court of New Jersey.

Decided April 8, 1957.

Attorney(s) appearing for the Case

Mr. Benjamin Franklin 3rd argued the cause for appellants (Messrs. Jeffers, Mountain & Franklin, attorneys).

Mr. Ralph Porzio argued the cause for respondent (Messrs. Scerbo, Porzio & Kennelly, attorneys; Mr. Ralph Porzio, of counsel).

The opinion of the court was delivered by WEINTRAUB, J.

Plaintiff, superintendent of public works of defendant municipality, filed a complaint in lieu of prerogative writ wherein he attacked the appointment of defendant Ahlers as township engineer on the thesis that the appointment invaded plaintiff's tenure under the civil service law. Plaintiff prevailed. On our own motion we certified defendants' appeal while it was pending before the Appellate Division. Upon the...

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