HELFRICH v. HAMILTON TP.


182 N.J. Super. 365 (1981)

440 A.2d 1366

JOSEPH HELFRICH, PLAINTIFF-RESPONDENT, v. HAMILTON TOWNSHIP, DEFENDANT-APPELLANT.

Superior Court of New Jersey, Appellate Division.

Decided December 31, 1981.


Attorney(s) appearing for the Case

Dennis M. DeSantis argued the cause for appellant (Destribats & Hamilton, attorneys).

Richard H. Greenstein argued the cause for respondent (Fox & Fox, attorneys).

Before Judges MATTHEWS, PRESSLER and PETRELLA.


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

This appeal presents the single issue of whether the trial court erred in holding that N.J.S.A. 52:27D-126, as amended by L. 1979, c. 394 § 1, effective February 6, 1980, requires that plaintiff be appointed plumbing subcode official in Hamilton Township.

Plaintiff instituted an action in lieu of prerogative writs after the municipality redesignated his position in 1977 from...

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