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JULIANO v. OCEAN GATE BOR.

214 N.J. Super. 503 (1986)

520 A.2d 418

CAROL JULIANO, PLAINTIFF, v. BOROUGH OF OCEAN GATE; WILLIS JONES, INDIVIDUALLY AND AS MAYOR, WALTER ALONZO, CARL BACH, MURIEL DEAN, DWAYNE MEASE, WALTER REITER & JOSEPH REINA, INDIVIDUALLY AND AS MEMBERS OF THE COUNCIL OF THE BOROUGH OF OCEAN GATE, DEFENDANT, v. THOMAS M. BARCELLONA, DEFENDANT-INTERVENOR.

Superior Court of New Jersey, Law Division Ocean County.

Decided October 17, 1986.

Attorney(s) appearing for the Case

Robert Rosenberg for plaintiff.

Robert A. Gasser for defendants. (Gasser & Dochney, attorneys).

Daniel J. Carluccio for defendant-intervenor (Carluccio & Liston, attorneys).

SERPENTELLI, A.J.S.C.

Plaintiff seeks to invalidate appointment of defendant-intervenor Barcellona as chief of police in Ocean Gate asserting a right to be appointed to that position pursuant to N.J.S.A. 40A:14-129. Involved in the litigation are numerous novel legal issues including the validity of plaintiff's appointment to the police department because she was beyond the age of 35 at that time; the validity of the maximum age limitation for police officers...

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