FAIR LAWN RET. POLICE. v. BOROUGH OF FAIR LAWN


299 N.J. Super. 600 (1997)

FAIR LAWN RETIRED POLICEMEN, PLAINTIFF-APPELLANT/CROSS-RESPONDENT, v. BOROUGH OF FAIR LAWN, DEFENDANT-RESPONDENT/CROSS-APPELLANT.

Superior Court of New Jersey, Appellate Division.

Decided April 11, 1997.


Attorney(s) appearing for the Case

John Patrick Oroho argued the cause for appellant/cross-respondent Fair Lawn Retired Policemen (Sabbath, Struble, Ragno, Petrie, Oroho, Spinato & Bonanno, attorneys; Mr. Oroho, on the brief).

Richard A. Lustgarten argued the cause for respondent/cross-appellant Borough of Fair Lawn (Mr. Lustgarten, Borough Attorney, on the brief).

Before Judges PETRELLA, LANDAU and WALLACE.


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

This is an appeal and cross appeal from a Law Division order dated May 16, 1996 striking down, as violative of N.J.S.A. 40A:10-23, a 1988 Borough of Fair Lawn ordinance which established a multi-tiered plan for sharing cost of medical insurance coverage with its retirees. The trial court reinstated a 1977 ordinance which had provided a 50%-of-premium payment for its retired employees.

Plaintiff...

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