HOLLANDER v. WATSON


173 N.J. Super. 300 (1980)

414 A.2d 275

T. EDWARD HOLLANDER ET AL., PLAINTIFFS-RESPONDENTS, v. JOHN S. WATSON ET AL., DEFENDANTS-APPELLANTS. BOARD OF TRUSTEES OF MERCER COUNTY COMMUNITY COLLEGE ET AL., PLAINTIFFS-RESPONDENTS, v. ARTHUR R. SYPEK, SR., ET AL., DEFENDANTS-APPELLANTS.

Superior Court of New Jersey, Appellate Division.

Decided April 21, 1980.


Attorney(s) appearing for the Case

Paul D. McLemore, Assistant County Counsel, argued the cause for the appellants (Harvey L. Stern, Mercer County Counsel, attorney; William L. Boyan, Assistant County Counsel, of counsel).

Robert A. Fagella, Deputy Attorney General, argued the cause for the respondents T. Edward Hollander and New Jersey Department of Higher Education (John J. Degnan, Attorney General, attorney; Erminie L. Conley, Assistant Attorney General, of counsel; Robert A. Fagella on the brief).

Garrett M. Heher argued the cause for respondent Mercer County Community College (Smith, Stratton, Wise & Heher, attorneys; Garrett M. Heher and Charles F. Martinson on the brief).

Sterns, Herbert & Weinroth filed a brief on behalf of New Jersey Education Association and Mercer County Community College Faculty Association, amici curiae.

Before Judges ALLCORN and MORGAN.


PER CURIAM.

The judgment of the Chancery Division is affirmed essentially for the reasons expressed by Judge Greenberg reported at 167 N.J.Super. 588 (1979), and on the additional areas of incompatibility of the two offices existing under various statutes, including particularly N.J.S.A. 40:41A-37(b), N.J.S.A. 40A:9-23 and N.J.S.A. 18A:64A-9, which respectively...

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