BOOTH v. TOWNSHIP OF WINSLOW


193 N.J. Super. 637 (1984)

475 A.2d 644

RONALD BOOTH, PLAINTIFF-APPELLANT, v. TOWNSHIP OF WINSLOW, A MUNICIPAL CORPORATION, GARY F. STOWELL, SR., CHIEF OF POLICE, TOWNSHIP OF WINSLOW, DOMINIC MAIESE, MAYOR AND PUBLIC DIRECTOR, TOWNSHIP OF WINSLOW, DEFENDANTS-RESPONDENTS, AND STATE OF NEW JERSEY, RESPONDENT.

Superior Court of New Jersey, Appellate Division.

Decided March 15, 1984.


Attorney(s) appearing for the Case

Thomas F. McGuire argued the cause for appellant.

Benjamin Goldstein argued the cause for defendants-respondents Township of Winslow, et al. (Maressa, Goldstein, Birsner & Patterson, attorneys).

Mark J. Fleming, Deputy Attorney General, argued the cause for respondent State of New Jersey (Irwin I. Kimmelman, Attorney General of New Jersey, attorney; James J. Ciancia, Assistant Attorney General, of counsel).

Michael A. Pane argued the cause for amicus curiae New Jersey Institute of Municipal Attorneys (William J. Caldwell, on the letter brief).

Before Judges BOTTER, PRESSLER and O'BRIEN.


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

This is an appeal from a summary judgment entered by the Law Division declaring N.J.S.A. 40A:14-122.1 unconstitutional. That statute prohibits a municipality from requiring police officers to reside within the municipality as a condition of employment. We reverse.

Plaintiff Ronald Booth was first employed as a police officer by defendant Township...

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