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ORTLEY BEACH v. FIRE COM'RS

726 A.2d 1004 (1998)

320 N.J. Super. 132

ORTLEY BEACH PROPERTY OWNERS ASSOCIATION et al., Plaintiffs, v. FIRE COMMISSIONERS OF DOVER TOWNSHIP FIRE DISTRICT NO. 1, Defendant/Third-Party Plaintiff, v. Dover Township Fire District No. 2, New Jersey State Association of Fire Districts, Intervenors. Volunteer Firemen's Insurance Services, Inc., Intervenor/Third-Party Plaintiff, v. The Department of Community Affairs of the State of New Jersey, Third-Party Defendant.

Superior Court of New Jersey, Law Division, Ocean County.

Decided July 29, 1998.

Attorney(s) appearing for the Case

James J. Guida, Lyndhurst, for plaintiffs.

Daniel P. Reynolds, Senior Deputy Attorney General, for defendant Department of Community Affairs (Office of the Attorney General).

Robert C. Shea, Toms River, for defendant Fire Commissioners of Dover Township Fire District No. 1 (Shea & Novy, attorneys).

Edwin C. Landis, Jr., Newark, for defendant Volunteer Firemen's Insurance Services (Meyner & Landis, attorneys).

Richard M. Braslow, Toms River, for defendant Dover Township Fire District No. 2 and New Jersey State Association of Fire Districts.

SERPENTELLI, A.J.S.C.

In this Action in Lieu of Prerogative Writs the plaintiffs, Ortley Beach Property Owners Association and Daniel Polifroni, ask the court to declare unconstitutional certain portions of Chapter 388 of the Public Laws of 1997. That law created the Length Of Service Award Program (hereinafter "LOSAP") for fire or first aid organizations. The legislation was enacted in response to an Attorney General's...

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