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HUDSON COUNTY BD. OF CHOSEN FREEHOLDERS v. CLARK

203 N.J. Super. 102 (1985)

495 A.2d 1353

HUDSON COUNTY BOARD OF CHOSEN FREEHOLDERS, PLAINTIFF-RESPONDENT, AND AARON I. SCHULMAN, PLAINTIFF-APPELLANT AND CROSS-RESPONDENT, v. EDWARD F. CLARK, JR., COUNTY EXECUTIVE OF THE COUNTY OF HUDSON, DEFENDANT-RESPONDENT AND CROSS-APPELLANT.

Superior Court of New Jersey, Appellate Division.

Decided July 22, 1985.

Attorney(s) appearing for the Case

Jay Hamill argued the cause for appellant Aaron I. Schulman (Keane, Brady & Hanlon, attorneys; Jay Hamill of counsel and on the brief).

Joseph V. Kealy, Jr., Acting Hudson County Counsel, argued the cause for respondent-cross-appellant Edward F. Clark, Jr.

Charles M. Schimenti argued the cause for respondent Hudson County Board of Chosen Freeholders.

Before Judges PRESSLER, BRODY and COHEN.

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

The main issue in this appeal is whether under the county executive plan of the Optional County Charter Law (the Charter Law), N.J.S.A. 40:41A-1 et seq., the county executive can fire the county administrator free of the requirements of N.J.S.A. 40:41A-87b. (section 87b.). The trial court held, among other things, that the administrator was entitled to a section 87b. public hearing. We conclude...

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