KAMAN v. MONTAGUE TP. COMMITTEE


306 N.J. Super. 291 (1997)

MAUREEN E. KAMAN, PLAINTIFF-APPELLANT, AND DIRECTOR, DIVISION OF TAXATION, INTERVENOR-APPELLANT, v. MONTAGUE TOWNSHIP COMMITTEE, MAYOR RICHARD DICKSON, DEPUTY MAYOR WILLIAM CAMPANA, COMMITTEEMEN PATRICK SMITH, PAUL BRISLIN, AND LEROY VANDERMARK AND BEN MURDOCK, TAX ASSESSOR, DEFENDANTS-RESPONDENTS.

Superior Court of New Jersey, Appellate Division.

Decided December 17, 1997.


Attorney(s) appearing for the Case

Maurice J. Donovan argued the cause for appellant Maureen E. Kaman (Benjamin M. Del Vento, attorney; Mr. Donovan, of counsel and on the brief).

Patrick DeAlmeida, Deputy Attorney General, argued the cause for appellant Director, Division of Taxation (Peter Verniero, Attorney General, attorney; Joseph L. Yannotti, Assistant Attorney General, of counsel; Mr. DeAlmeida, on the brief).

John D. Frederickson argued the cause for respondents (Carmel & Frederickson, attorneys; Mr. Frederickson, on the brief).

John R. Lloyd argued the cause for amicus curiae The Association of Municipal Assessors of New Jersey (Rosenblum Wolf & Lloyd, attorneys; Mr. Lloyd, on the brief).

Before Judges PETRELLA, SKILLMAN and EICHEN.


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

The issue on appeal involves the interpretation and application of N.J.S.A. 40A:9-148 to the appointment and filling of vacancies for the position of municipal tax assessor. Plaintiff Maureen Kaman appeals from an order of the Law Division dismissing her complaint with prejudice and denying her requested restraints against defendant Township of Montague...

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