MILLER v. MUN. COUNCIL OF WAYNE TP.


139 N.J. Super. 526 (1976)

354 A.2d 658

NEWTON E. MILLER, PLAINTIFF-APPELLANT, CROSS-RESPONDENT, v. MUNICIPAL COUNCIL OF THE TOWNSHIP OF WAYNE AND THE TOWNSHIP OF WAYNE, A MUNICIPAL CORPORATION OF THE STATE OF NEW JERSEY, DEFENDANTS-RESPONDENTS, CROSS-APPELLANTS, AND WAYNE POLICEMEN'S BENEVOLENT ASSOCIATION, LOCAL NO. 136, DEFENDANT-INTERVENOR RESPONDENT.

Superior Court of New Jersey, Appellate Division.

Decided February 27, 1976.


Attorney(s) appearing for the Case

Mr. Leon S. Consales argued the cause for the appellant.

Mr. Michael S. Meisel argued the cause for the municipal respondents (Messrs. Cole, Berman & Belsky, attorneys).

Mr. Lawrence A. Whipple, Jr. argued the cause for the intervenor respondent.

Before Judges ALLCORN, KOLE and KING.


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

However broad may be the authority of the mayor of a municipality adopting and governed under mayor-council plan F of the Optional Municipal Charter Law, N.J.S.A. 40:69A-1 et seq., such authority does not extend to the establishment or pursuit of matters of municipal policy contrary to or in negation of those established by the governing body of...

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