PATROLMEN'S BENEV. ASSOC. v. CITY OF ELIZABETH


146 N.J. Super. 257 (1976)

369 A.2d 931

PATROLMEN'S BENEVOLENT ASSOC., ELIZABETH LOCAL NO. 4 ET AL., PLAINTIFFS-APPELLANTS, v. THE CITY OF ELIZABETH ET AL., DEFENDANTS-RESPONDENTS. ELIZABETH POLICE SUPERIOR OFFICERS ASSOCIATION ET AL., PLAINTIFFS-APPELLANTS, v. THE CITY OF ELIZABETH ET AL., DEFENDANTS-RESPONDENTS. ELIZABETH FIRE OFFICERS ASSOCIATION, LOCAL NO 4 ET AL., PLAINTIFFS-APPELLANTS, v. THE CITY OF ELIZABETH ET AL., DEFENDANTS-RESPONDENTS. FIREMEN'S MUTUAL BENEVOLENT ASSOCIATION, BRANCH NO. 9 ET AL., PLAINTIFFS-APPELLANTS, v. THE CITY OF ELIZABETH ET AL., DEFENDANTS-RESPONDENTS.

Superior Court of New Jersey, Appellate Division.

Decided December 29, 1976.


Attorney(s) appearing for the Case

Mr. William A. Cambria argued the cause for appellants Patrolmen's Benevolent Association, Elizabeth Local No. 4 et al. (Messrs. Sauer, Boyle, Dwyer and Canellis, attorneys; Mr. George W. Canellis on the brief).

Mr. Jerome M. Lynes argued the cause for appellants Elizabeth Police Superior Officers Association et al. (Messrs. Nolan, Lynes, Bell & Moore, attorneys; Mr. Jerome M. Lynes on the brief).

Mr. Scott E. Tanne argued the cause for appellants Elizabeth Fire Officers Association, Local No. 4 et al. (Messrs. Schneider, Cohen & Solomon, attorneys; Mr. Scott E. Tanne on the brief).

Mr. Howard A. Goldberger argued the cause for appellants Firemen's Mutual Benevolent Association, Branch No. 9 et al. (Messrs. Goldberger, Siegel & Finn, attorneys, filed a statement in lieu of brief).

Mr. John R. Weigel argued the cause for respondents City of Elizabeth, et al. (Mr. Frank P. Trocino, City Attorney, attorney; Mr. John R. Weigel, of counsel and on the brief).

Before Judges CARTON, KOLE and LARNER.


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

The trial judge entered a judgment providing that (1) the temporary restraints be dissolved; (2) Ordinances 855, 856 and 857 "are not subject matters of referendum," and (3) as a matter of law, the City of Elizabeth, through its governing body, is entitled to lay off and demote members and officers of the fire and police departments for reasons of economy without...

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