MATTER OF FAIRFIELD TP.


240 N.J. Super. 83 (1990)

572 A.2d 660

IN THE MATTER OF FAIRFIELD TOWNSHIP.

Superior Court of New Jersey, Appellate Division.

Decided April 10, 1990.


Attorney(s) appearing for the Case

Richard J. McManus argued the cause for appellant Mayor Anna Marie Rotonda (Pane, Youssouf & McManus, attorneys).

John M. Carbone argued the cause for respondent Township of Fairfield (Carbone and Faasse, attorneys).

Before Judges GAULKIN, SCALERA and D'ANNUNZIO.


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

The sole question presented on this appeal, brought by the Mayor of the Township of Fairfield, is whether appointment of the municipal judge is to be made by the mayor with the advice and consent of the council or, as the trial judge held, by the municipal governing body.

The parties agree that the issue requires our interpretation and application of this portion of N.J.S.A. 2A:8-5:

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