SMITH v. CITY OF NEWARK ET AL.,


128 N.J. Super. 417 (1974)

320 A.2d 212

ERNEST SMITH, INDIVIDUALLY AND ON BEHALF OF ALL OTHER PERSONS SIMILARLY SITUATED, PLAINTIFF, v. THE CITY OF NEWARK ET AL., DEFENDANTS.

Superior Court of New Jersey, Law Division.

Decided April 30, 1974.


Attorney(s) appearing for the Case

Mr. Theodore A. Winard, Assistant Attorney General, and Mr. John F. Shoosmith, Jr., Deputy Attorney General, for defendant Civil Service Commission (Mr. William F. Hyland, Attorney General of New Jersey, attorney).

Mr. Irvin L. Solondz and Mr. Frank B. O'Neill for plaintiff.

Mr. Donald S. Coburn, Assistant Corporation Counsel of the City of Newark, for defendant City of Newark (Mr. Donald E. King, Corporation Counsel, attorney).

Mr. John W. Noonan for individual defendant Fire Captains and Professional Fire Officers Association, Local 1860, I.A.F.F., AFL-CIO (Messrs. Noonan & Flynn, attorneys).


MILMED, J.S.C.

The Attorney General by his motion on behalf of defendant Civil Service Commission to dismiss the latest amended complaint in this action brings up for review the constitutionality of the provisions of chapter 3 of the Laws of 1972 which eliminate municipal residency as a prerequisite for appointment, continued employment or promotion for municipal firemen. N.J.S.A. 40A:14-9.1 to 40A:14-9.8, inclusive, and N.J.S.A. 40A:14...

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