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HIERING v. TOWNSHIP OF JACKSON

248 N.J. Super. 9 (1991)

589 A.2d 1357

WILLIAM HIERING, JR., AND THE LAW FIRM OF HIERING AND HOFFMAN, PLAINTIFFS-APPELLANTS, v. TOWNSHIP OF JACKSON, TOWNSHIP COMMITTEE OF THE TOWNSHIP OF JACKSON, COMMITTEEMAN RICHARD BORYS, COMMITTEEMAN ARTHUR CONWAY, COMMITTEEMAN-ELECT NEIL O'CONNELL, DEFENDANTS-RESPONDENTS.

Superior Court of New Jersey, Appellate Division.

Decided April 5, 1991.

Attorney(s) appearing for the Case

Stein and Rodgers, attorneys for appellants (Arthur Stein on the brief).

Russo, Foster, Secare and Ford, attorneys for respondents (Edward J. Delanoy, Jr., on the brief).

Before Judges O'BRIEN, SCALERA and KEEFE.

PER CURIAM.

This appeal stems from an order of the Superior Court upholding the termination of plaintiff William Hiering, Jr., as Jackson Township attorney after the Legislature repealed N.J.S.A. 40:145-13, under which plaintiff was appointed, and replaced it with N.J.S.A. 40A:63-6b(3) which cross-references N.J.S.A. 40A:9-139, providing for one-year appointments only.

On this appeal plaintiffs argue, as they did below, that since the...

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