FIRE CO. NO. 1 v. FIRE DIST. NO. 3


275 N.J. Super. 632 (1994)

646 A.2d 1150

CHERRY HILL FIRE COMPANY NO. 1, PLAINTIFF, v. CHERRY HILL FIRE DISTRICT NO. 3, CHERRY HILL FIRE DISTRICT NO. 13 AND TOWNSHIP OF CHERRY HILL, DEFENDANTS, AND ERLTON FIRE COMPANY NO. 1, PLAINTIFF, CHERRY HILL FIRE DISTRICT NO. 13, DEFENDANT.

Superior Court of New Jersey, Chancery Division Camden County.

Decided May 23, 1994.


Attorney(s) appearing for the Case

Sanford F. Schmidt for plaintiff, Cherry Hill Fire Co. # 1, (Gerstein, Cohen & Grayson, attorneys).

John J. Murphy III, for plaintiff, Erlton Fire Co. # 1 (Stradley, Ronon, Stevens & Young, attorneys).

Ann C. Pearl for Cherry Hill Fire District # 3.

Kenneth E. Meiser for Township of Cherry Hill.


THEODORE Z. DAVIS, J.S.C.

The question these consolidated cases present is one not previously addressed by any reported decision of our courts.

The question raised is as follows: Does the consolidation, by municipal ordinance, of previously existing fire districts into one new fire district have the effect of giving such new district the power to abrogate all obligations that each dissolved district may have...

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