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MITCHELL v. CITY OF SOMERS POINT

281 N.J. Super. 492 (1994)

658 A.2d 1276

F. WILLIAM MITCHELL, PLAINTIFF-APPELLANT, v. CITY OF SOMERS POINT AND DIANE R. HESLEY, DEFENDANTS-RESPONDENTS.

Superior Court of New Jersey, Appellate Division.

Decided March 14, 1994.

Attorney(s) appearing for the Case

Harry Haushalter argued the cause for appellant (Conley & Haushalter, attorneys; Mr. Haushalter, on the brief).

James F. Ferguson argued the cause for respondent City of Somers Point (Roger C. Steedle, attorney; Mr. Ferguson, on the brief).

Keith A. Szendrey argued the cause for respondent Diane R. Hesley (Todd & Gemmel, attorneys; Daryl F. Todd, on the brief).

Before Judges BROCHIN and KLEINER.

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

F. William Mitchell, a certified part-time tax assessor, filed a verified complaint in lieu of prerogative writs to temporarily and permanently restrain his employer, defendant City of Somers Point, from taking any action which might interfere with his employment as a tenured part-time municipal employee. The complaint was prompted by the City's announced intention to increase the hours of employment of its...

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