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MENENDEZ v. CITY OF UNION CITY

211 N.J. Super. 169 (1986)

511 A.2d 676

ROBERT MENENDEZ; JOSE FUENTES; ARTHUR AMIDANO; JOSEPH BONACCI; AND DR. CHARLES F. BALDINI, COMMITTEE OF PETITIONERS, PLAINTIFFS-APPELLANTS, v. CITY OF UNION CITY; MICHAEL C. LICAMELI, CITY CLERK FOR THE CITY OF UNION CITY; MAYOR AND COMMISSIONERS OF THE CITY OF UNION CITY; AND ANTHONY DRAGONA, COMMISSIONER OF PUBLIC SAFETY, DEFENDANTS-RESPONDENTS.

Superior Court of New Jersey, Appellate Division.

Decided June 4, 1986.

Attorney(s) appearing for the Case

Fischer, Kagan, Ascione & Zaretsky, attorneys for appellants (Martin G. Roseman, of counsel; Genise W. Teich, on the brief).

Gerald L. Dorf and Edward J. Lynch, attorneys for respondents (Eric Martin Bernstein, of counsel; Eric Martin Bernstein and Edward J. Lynch, on the brief).

Before Judges FURMAN, PETRELLA and SKILLMAN.

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

Pursuant to N.J.S.A. 40:74-5, plaintiffs petitioned for a referendum on a Union City ordinance increasing the number of fire captains in the city fire department from 20 to 28 and creating the new position of fire protection subcode official. Their petition was rejected on the ground that the ordinance was administrative, not legislative, and hence not...

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