BELMAR POLICEMEN'S BENEV. ASS'N v. BELMAR


178 N.J. Super. 473 (1981)

429 A.2d 427

THE BOROUGH OF BELMAR POLICEMEN'S BENEVOLENT ASSOCIATION OF LOCAL # 50, PLAINTIFFS-RESPONDENTS, v. BOROUGH OF BELMAR AND LAWRENCE A. VOLA, CHIEF OF POLICE, DEFENDANTS-APPELLANTS.

Superior Court of New Jersey, Appellate Division.

Decided April 22, 1981.


Attorney(s) appearing for the Case

Joseph Hillman, Jr. argued the cause for appellants (Hillman, Badach & Sullivan, attorneys; Joseph Hillman, Jr., on the brief).

Laurence M. McHeffey argued the cause for respondents (Hanlon, Dempsey & McHeffey, attorneys; Laurence M. McHeffey of counsel and on the brief).

Larry R. Etzweiler, Deputy Attorney General, argued the cause on behalf of the Attorney General of New Jersey, amicus curiae (Larry R. Etzweiler on the brief; John DeCicco, Assistant Attorney General, of counsel).

Francis J. Vernoia argued the cause on behalf of New Jersey State Policemen's Benevolent Association, amicus curiae (Zazzali, Zazzali & Kroll, attorneys; James R. Zazzali and Francis J. Vernoia on the brief).

Jacob Green, argued the cause on behalf of New Jersey State Special Police Association, amicus curiae (Green & Dzwilewski, attorneys; Jacob Green of counsel; Ellen Harrison on the brief).

Gerald L. Dorf argued the cause on behalf of New Jersey State League of Municipalities, amicus curiae (Dorf & Glickman, attorneys; Gerald L. Dorf and Mark S. Ruderman of counsel and on the brief).

Before Judges ALLCORN, PRESSLER and FURMAN.


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

With one exception, we are substantially in accord with the conclusions of Judge McGann in his opinion, reported at 174 N.J.Super. 370 (Law Div. 1980).

Under the statutory scheme enacted by the Legislature governing the establishment and operation by a municipality of a local police force or police department, N.J.S.A. 40A:14-118 et seq., the...

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