OUGHTON v. BD. OF FIRE COMM'RS, FIRE DIST NO. 1, MOORESTOWN TP.


168 N.J. Super. 434 (1979)

403 A.2d 69

SAMUEL E. OUGHTON AND JEANNETTA W. KEYSER, PLAINTIFFS, v. BOARD OF FIRE COMMISSIONERS, FIRE DISTRICT NO. 1, MOORESTOWN TOWNSHIP, COUNTY OF BURLINGTON, GEORGE W. HUMPFER, JR., ARTHUR J. COLLINS, III, EDWIN R. JONES, C. BAREY MIDDLETON AND EDWIN L. PLASKETT, MEMBERS OF THE BOARD, DEFENDANTS, AND DOVER TOWNSHIP FIRE COMMISSIONERS, INTERVENOR.

Superior Court of New Jersey, Law Division.

Decided May 7, 1979.


Attorney(s) appearing for the Case

Ms. Mary Anne Polk O'Meara and Mr. John A. Rank, III, for plaintiffs.

Mr. Richard E. Gehret for defendant Moorestown Township, Board of Fire Commissioners, Fire District No. 1 (Messrs. Parker, McCay & Criscuolo, attorneys).

Mr. Laurence A. Hecker for intervenor Dover Township Fire Commissioners and for New Jersey State Association of Fire Districts, appearing amici curiae.

Mr. Richard M. Braslow for Board of Fire Commissioners, No. 2, Jackson Twp., Ocean County, appearing amicus curiae (Messrs. Campbell, Sachs & Campbell, attorneys).


HAINES, J.S.C.

The central question raised in this litigation is whether paid fire departments may be created by fire commissioners in fire districts or whether such power resides exclusively in municipal governing bodies. The issue is one of state-wide interest and first impression. It requires the interpretation of statutes covering fire departments, as to which legislative intent is far from clear. The suit also raises a number of peripheral issues involving fire...

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