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MILLER v. TOWNSHIP OF WAYNE

154 N.J. Super. 247 (1977)

381 A.2d 94

NEWTON E. MILLER, MAYOR OF THE TOWNSHIP OF WAYNE, COUNTY OF PASSAIC, PLAINTIFF, v. TOWNSHIP OF WAYNE, A MUNICIPAL CORPORATION OF THE STATE OF NEW JERSEY AND NEW JERSEY STATE POLICEMEN'S BENEVOLENT ASSOCIATION, LOCAL NO. 136, DEFENDANTS, THE NEW JERSEY STATE ASSOCIATION OF CHIEFS OF POLICE, INTERVENOR.

Superior Court of New Jersey, Law Division.

Decided November 18, 1977.

Attorney(s) appearing for the Case

Mr. Howard Stern for plaintiff (Messrs. Stern, Steiger, Croland & Bornstein, attorneys).

Mr. Michael S. Meisel for defendant Township of Wayne (Messrs. Cole, Berman & Belsky, attorneys).

Mr. Michael K. Diamond for defendant New Jersey State Policemen's Benevolent Association, Local No. 136 (Messrs. Diamond, Diamond & Afflitto, attorneys).

Mr. Alfred J. Villoresi for intervenor New Jersey State Association of Chiefs of Police (Messrs. Villoresi & Buzak, attorneys).

DOAN, J.S.C., Retired and Temporarily Assigned on Recall.

The central issue presented in this case for determination is narrow and clearly defined. Plaintiff, the mayor of Wayne Township, claims the right and authority to consider and appoint a chief of police from without the ranks of the present forces of the police department of that municipality. The claim is disputed by the township council, the local chapter of the Policemen's Benevolent Association (PBA Local...

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