HIERING v. TOWNSHIP OF JACKSON


248 N.J. Super. 37 (1990)

589 A.2d 1373

WILLIAM T. HIERING, JR. AND THE LAW FIRM OF HIERING & HOFFMAN, PLAINTIFFS, v. TOWNSHIP OF JACKSON, TOWNSHIP COMMITTEE OF THE TOWNSHIP OF JACKSON, COMMITTEEMAN RICHARD BORYS, COMMITTEEMAN ARTHUR CONWAY, COMMITTEEMAN-ELECT NEIL O'CONNELL, DEFENDANTS.

Superior Court of New Jersey, Law Division Ocean County.

Decided February 9, 1990.


Attorney(s) appearing for the Case

Arthur Stein for plaintiffs (Stein & Rogers, attorneys).

Joseph L. Foster for defendants (Russo, Foster, Secare & Ford, attorneys).


SERPENTELLI, A.J.S.C.

Can a township which has executed an agreement to employ an attorney for a four year term pursuant to a statute authorizing a four year appointment, terminate the attorney's services before the end of the four year term when that statute has been repealed and replaced by a statute providing for a one year term? This novel question may have statewide implications. It arises in the following context.

On January 1, 1989, plaintiffs, William...

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