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HOLLANDER v. WATSON

167 N.J. Super. 588 (1979)

401 A.2d 560

T. EDWARD HOLLANDER, CHANCELLOR OF THE DEPARTMENT OF HIGHER EDUCATION OF NEW JERSEY AND THE DEPARTMENT OF HIGHER EDUCATION, A PRINCIPAL DEPARTMENT OF GOVERNMENT OF THE STATE OF NEW JERSEY, PLAINTIFFS, v. JOHN S. WATSON, INDIVIDUALLY AND AS A MEMBER OF THE BOARD OF CHOSEN FREEHOLDERS OF MERCER COUNTY, ARTHUR R. SYPEK, COUNTY EXECUTIVE OF MERCER COUNTY, AND THE BOARD OF CHOSEN FREEHOLDERS OF MERCER COUNTY, DEFENDANTS. BOARD OF TRUSTEES OF MERCER COUNTY COMMUNITY COLLEGE, A BODY CORPORATE OF THE STATE OF NEW JERSEY, ESTABLISHED PURSUANT TO CHAPTER 64A OF TITLE 18A OF THE REVISED STATUTES OF NEW JERSEY, AS AMENDED, PLAINTIFF, v. ARTHUR R. SYPEK, SR., COUNTY EXECUTIVE OF THE COUNTY OF MERCER AND ALBERT E. DRIVER, EUGENE V. HOWARD, JAMES E. HEDDEN, BARBARA B. SIGMUND, PAUL J. SOLLAMI, FRED GMITTER, AND JOHN S. WATSON, MEMBERS OF THE BOARD OF CHOSEN FREEHOLDERS OF THE COUNTY OF MERCER, DEFENDANTS.

Superior Court of New Jersey, Chancery Division.

Decided April 11, 1979.

Attorney(s) appearing for the Case

Mr. Robert A. Fagella, Deputy Attorney General, for plaintiffs T. Edward Hollander, Chancellor of the Department of Higher Education and the Department of Higher Education (John J. Degnan, Attorney General of New Jersey, attorney).

Mr. Garrett M. Heher for plaintiff Board of Trustees of Mercer County Community College (Messrs. Smith, Stratton, Wise and Heher, attorneys).

Mr. William L. Boyan, Assistant Mercer County Counsel, for defendants (Mr. Harvey L. Stern, Mercer County Counsel, attorney).

Mr. Michael J. Herbert for amici curiae New Jersey Education Association and Mercer County Community College Faculty Association (Messrs. Sterns, Herbert and Weinroth, attorneys).

MORTON I. GREENBERG, J.S.C.

Plaintiffs Board of Trustees of Mercer County Community College, T. Edward Hollander, Chancellor of the Department of Higher Education, and the Department as an entity, bring these two separate proceedings against the Board of Chosen Freeholders of Mercer County and Arthur R. Sypek, County Executive of Mercer County. The complaints allege that on March 13, 1979 Sypek, with the consent of the freeholders, appointed freeholder John S. Watson...

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